On June 5, the Federal Court of Appeal dismissed Canada’s challenge of a decision

On June 5, the Federal Court of Appeal dismissed Canada’s challenge of a decision by the Specific Claims Tribunal that the Kitselas First Nation had validly established that the Crown breached its legal obligation as a result of the non-inclusion of a 10.5 acre parcel of land in a reserve initially identified in 1891. Canada applied for the judicial review on March 21, 2013 when the Tribunal issued a decision in favour of the Kitselas.  The Federal Court of Appeal held the hearings April 7 and April 8. Canada has twice now called for judicial reviews of decisions by the Specific Claims Tribunal. Canada also applied for a judicial review of the Williams Lake Band Tribunal decision.  A judicial review undermines the role of the Specific Claims Tribunal and puts First Nations at a disadvantage as there is no funding to reply to a judicial review or the lengthy court process that can result, said the Assembly of First Nations in a press release. “We congratulate the Kitselas First Nation for their persistence in standing up for their rights and, in so doing, ensuring Canada respects and upholds the rights of all First Nations,” said AFN Regional Chief for British Columbia Jody Wilson-Raybould.  “This ruling once again affirms that decisions by the Specific Claims Tribunal are fair and transparent.”