ABORIGINAL STATUS AND RIGHTS - Practice and procedure - Parties - Standing

Law360 Canada ( April 25, 2017, 8:37 AM EDT) -- Application by the defendant, the federal Crown, for an order that the plaintiff, the Hwlitsum First Nation (HFN), lacked standing to bring a representative action. The plaintiffs sued several defendants seeking billions of dollars in compensation based on declarations of Aboriginal title and rights in respect of its traditional village sites and territories. The plaintiffs alleged that the HFN was the modern continuation or successor of the Lamalcha Tribe based on ancestral lineage and genealogical evidence. The Lamalcha, Penelakut and Yonkulahs were amalgamated in approximately 1877 by the Indian Reserve Commission as the Penelakut Indian Band. The defendants denied that the HFN were synonymous with the Lamalcha and alleged they lacked standing to bring a representative proceeding. The Crown, with the support of the other defendants, submitted that the action was an abuse of process and should be struck....
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