TREATIES AND AGREEMENTS - Practice and procedure - Injunctions

Law360 Canada ( June 28, 2017, 8:51 AM EDT) -- Application by the plaintiff, the Blueberry River First Nations, for an interlocutory injunction. The plaintiff's underlying action alleged a breach of substantive Treaty 8 hunting rights and related fiduciary duties by the Province based on the cumulative effect of industrial development within the traditional lands. The plaintiff sought an injunction enjoining the Province from allowing further logging and oil and gas development, processing and transportation in critical segments of its traditional territory pending trial of the action. The Province opposed the relief sought on the basis it effectively amounted to a veto over future industrial development, contrary to what was contemplated by Treaty 8 and the authorities interpreting it....
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