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David How

As seen in: Mondaq
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Articles by David How

Righting The Wrongs Of The Past: The SCC Weighs In On Crown Duties And Interpretation Of Historic Treaties With Indigenous Peoples

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By Jared Enns, Emilie Cox, Mackenzie Hayden, David How
| Mondaq
On July 26, 2024, the Supreme Court of Canada (the SCC) released its highly anticipated decision in Ontario (Attorney General) v. Restoule (the Decision).1 The Decision represents a significant development in the law of treaty interpretation in Canada.
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Historic Case Recognizes Aboriginal Title For The Second Time In Canadian Jurisprudence After Retrial On A Narrower Claim Area

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By Thomas Isaac, David How
| Mondaq
On April 17, 2024, the British Columbia Supreme Court (the BCSC) issued its decision in The Nuchatlaht v. British Columbia1 (Decision) recognizing Aboriginal title, only the second time such a recognition has been made by a Canadian court and 10 years after Aboriginal title was recognized for the first time in Tsilhqot'in Nation v. British Columbia2 (Tsilhqot'in).
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No Open Floodgates: BCCA Upholds The Defence Of Statutory Authorization For Impacts To Aboriginal Rights By Third Parties

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By Sandra Gogal, Aaron Cressman, David How, Shermaine Chua
| Mondaq
On February 26, 2024, the British Columbia Court of Appeal (the BCCA) issued its decision in Thomas v. Rio Tinto Alcan Inc.1 Thomas concerned an appeal of a decision by the British Columbia Supreme Court (the BCSC), which had dismissed a claim in nuisance against Rio Tinto Alcan Inc.
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Court Orders Province To Pay $10.125 Million For Blocking Project Opposed By First Nation

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By Arend Hoekstra, David How
| Mondaq
Decision: Greengen Holdings Ltd. v British Columbia (Ministry of Forests, Lands and Natural Resource Operations), 2023 BCSC 1758 On October 10, 2023, a British Columbia court ordered that the BC government pay a developer $10.125 million as compensation for unlawfully deciding not to issue permits for a hydro-electric project that had been opposed by the Squamish Nation. Greengen Holdings Ltd.
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