Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson, et al. v. Attorney General of Canada, et al.

(Federal) (Civil) (By Leave)




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Charter of Rights – Right to equality – Discrimination – Aboriginal law – Fishing – Indian Bands – Applicants seeking interim injunction pending resolution of their application for judicial review of decision of Department of Fisheries and Oceans to “unconstitutionally manage the entire west coast fishery” – What is proper consideration of a serious issue and irreparable harm as set out in Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, tripartite test in context of a claim to Aboriginal right to fish.

The applicants sought an interim injunction pending the resolution of their application for judicial review of a decision of the Department of Fisheries and Oceans (“DFO”), and an order allowing them to engage in their coastal fishery pursuant to their asserted aboriginal right to fish. They sought to enjoin DFO from interfering with that right and from imposing any conditions on it “at all times and seasons of the year within their traditional territory” other than for bona fide conservation purposes.

Lower Court Rulings

June 26, 2015
Federal Court

T-2072-14, 2015 FC 800
Applicants’ motion for interim injunction dismissed
April 19, 2016
Federal Court of Appeal

A-313-15, 2016 FCA 118
Applicants’ appeal dismissed