ABORIGINAL LANDS - Types - Land claims - Pleadings

Law360 Canada ( September 14, 2021, 5:22 AM EDT) -- Appeal by the Province from the dismissal of its applications to join Canada as a defendant, for leave to issue third party proceedings against Canada and to amend its pleadings. The Kwikwetlem First Nation’s (KFN) 2016 notice of civil claim sought a declaration of Aboriginal title with respect to lands surrounding its main reserve in Port Coquitlam, title to which was held in fee simple by public bodies. It had not named Canada as a defendant and was not seeking any relief in respect of historical Crown grants. Its claim alleged infringements that occurred post-1982. Canada did not have custody or control of any part of the claim area since 1930. The Province sought to add pleadings concerning the alleged effect of the Terms of Union, pursuant to which the Province joined Canada in 1871, and the Constitution Act, 1867. The trial was currently scheduled for January 2022....
LexisNexis® Research Solutions

Related Sections