Aboriginal Law
Counsel from Hunter Litigation Chambers have been in the
forefront of the development of a body of Aboriginal law in
British Columbia, representing industry and government in
responding to claims of Aboriginal rights and title.
In the 2009 Canadian Legal Lexpert Directory, John Hunter is
identified as one of the “most frequently recommended”
practitioners in this area – the only counsel so identified who
acts for industry and government.
Some of the leading Aboriginal law cases in which counsel from
the firm have acted include the following:
- Ahousaht Nation et al v. Canada and British Columbia
(British Columbia Supreme Court, 2008 – judgment under
reserve) – Our lawyers represented the Province of British
Columbia in a lengthy trial to assess an Aboriginal claim to
commercial fishing rights and title in the waters off
Vancouver Island.
- R. v. Marshall; R. v. Bernard (Supreme Court of
Canada, 2005) – John Hunter was retained by the Attorney
General of British Columbia to present the argument of the
Province of British Columbia in the Supreme Court of Canada in
this leading case on the scope of Aboriginal title.
- Musqueam Indian Band v City of Richmond et al
(British Columbia Supreme Court, 2005) – We represented the
B.C. Lottery Corporation in a judicial review proceeding to
determine whether the relocation of a casino triggered the
obligation to consult the Musqueam Nation.
- Haida Nation v. British Columbia and Weyerhauser
(Supreme Court of Canada, 2004) – John Hunter acted as counsel
for Weyerhaeuser in this seminal judgment that decided that
the Crown has an obligation to consult and accommodate First
Nations' interests before making a decision that might
interfere with those interests, but the licensees do not.
- Soowahlie Band v. Canada (Federal Court of Appeal; 2001) – Our counsel acted for the Attorney General of Canada in successfully opposing an application to enjoin Canada from transferring land claimed by the Sto:lo Nation to third parties
In addition to his counsel work, Mr. Hunter has written extensively in the area of Aboriginal Law, including several conference papers on the scope of the obligation to consult and accommodate, a paper on the use of injunctions in Aboriginal rights cases that was cited by the Supreme Court of Canada in its Haida judgment and a chapter in a recent text in which he assesses the legacy of the Delgamuukw decision.