Neskonlith Indian Band v. Salmon Arm (City) et al. 2012 BCCA 379
Indians, Inuit and Métis - General - Duty owed to Indians by Crown (incl. fiduciary duties, consultation duties and honour of the Crown)
The Neskonlith Indian band brought a petition against the City of Salmon Arm and Salmon Arm Shopping Centre Inc. seeking to quash a development permit. Neskonlith claimed that the City had a constitutional duty to consult with it with respect to decisions that could have an impact on aboriginal rights or title it claimed within municipal boundaries.
The British Columbia Supreme Court, in a decision reported at [2012] B.C.T.C. Uned. 499, dismissed the petition. Neskonlith appealed. The Union of British Columbia Municipalities (UBCM) and the Gitzaala Nation applied for intervenor status.
The British Columbia Court of Appeal, per Low, J.A., in a decision reported at [2012] B.C.A.C. TBEd. OC.006, allowed UBCM’s application and dismissed the Gitzaala Nation’s application.
The British Columbia Court of Appeal dismissed the appeal.
