First Advance Costs Order Made in Federal Court for 25 year old Aboriginal Case by Hagwilget Village
May 2, 2008 — The Federal Court of Canada agreed with legal arguments put forward by Peter Grant & Associates in that Court’s first ever award of advance costs to take a case to trial. The Court ruled that Canada must now pay Hagwilget Village’s legal costs to bring a matter to trial involving Canada’s destruction of the village’s fishery on the Bulkley River near Hazelton, BC, in 1959. The plaintiffs are presently seeking a trial date.
The Federal Court found that Hagwilget Village had met the legal requirements established by the Supreme Court of Canada in earlier advance costs applications. Justice Hugessen ruled that after funding the litigation since 1985, Hagwilget can no longer afford to do so, that the case has merit, and that its resolution is of great importance to the plaintiffs, the Crown and other aboriginal peoples.
Justice Hugessen noted Canada’s years of broken promises to Hagwilget Village, “quite extraordinary delays”, and the fact that the village had been “sidetracked” into the specific claims process “only to find out years later that that process was, if not a total dead end, an almost endless detour.” He further ruled that while the honour of the Crown is at stake in virtually all aboriginal rights cases, it seems here that “there are serious questions to be asked and answered concerning the actions of the Crown and its agents since the events complained of in the statement of claim”.
We are pleased to continue to represent the members of Hagwilget Village in their attempts to seek justice in this important matter.
See the entire case here. [ pdf, 491 kb]
