Legal setback prompts Hupacasath to consider options

A federal court justice has rejected the legal challenge of the Hupacasath First Nation to stop the Canada-China free trade deal.

A federal court justice has rejected the legal challenge of the Hupacasath First Nation to stop the Canada-China free trade deal.

The Hupacasath did not establish that Canada should have consulted and accommodated them prior to ratifying the Foreign Investment Promotion and Protection Agreement with China.

“The potential adverse impacts ..are nonappreciable and speculative in nature. I also find that HFN has not established the requisite causal link between those alleged potential adverse impacts and the CCFIPPA,” Chief Justice Paul Crampton noted in his ruling on Aug. 26.

“The ratification of the CCFIPPA by the Government of Canada without engaging in consultations with HFN would not contravene the principle of the honour of the Crown or Canada’s duty to consult HFN before taking any action.”

The Government of Canada welcomes the decision.

“The decision supports Canada’s position that the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) respect its obligations and does not adversely impact the rights of Aboriginal peoples,” federal trade minister Rudy Husny noted in a statement.

The decision was dismissed with costs, but the Hupacasath’s lawyer is set to argue that the case was in the public interest therefore costs should not apply, tribal court organizer Brenda Sayer said. “If we appeal then the cost issue will be put on hold,” she added.

The Canada-China investor protection deal was finalized in September 2012.

The agreement is between Canada and the People’s Republic of China. It protects and promotes Canadian investment abroad through legally binding provisions as well as to promote foreign investment in Canada.

The tribe didn’t lose the case, but rather has been forced it to be more resourceful.

“There is no such word as “lose” in my vocabulary,” Sayers said.

Sayers said her interpretation of the setback is that another solution needs to be applied, or that there is another way to do things. “ A larger challenge has been placed in front of me,” she said.

Tribal officials will huddle-up with their lawyers to determine whether or not they will appeal the decision. “We are not surprised though we are deeply disappointed with the decision as we firmly believe the FIPA will have a profound impact on our inherent indigenous rights,” Sayers said. “The agreement will come into force once both parties complete their domestic ratification processes.”

The tribe has until the end of September to decide if it will appeal.

The challenge wasn’t a class action involving other tribes, therefore the ruling is confined to the Federal Government’s duty to consult with the Hupacasath First Nation specifically. “It would not be appropriate for this Court to address…the issue of whether a duty to consult is owed to other First Nations, even if the formidable practical impediments to workable and meaningful consultations with the over 600 First Nations bands that exist across the country could be overcome,” Crampton noted.

reporter@albernivalleynews.com

Twitter.com/AlberniNews

 

Edited to reflect costs being awarded.

Just Posted

Cheetham Team comes in second at Alberni Valley bonspiel

The annual mixed bonspiel drew 37 teams from across the Island and Lower Mainland

Seedy Saturday draws many green thumbs in Port Alberni

Char’s Landing was the place to be last Saturday

Port Alberni’s Star Trek fan association donates legacy funds

Alberni Deep Space Port is dissolving its charitable status

New form of martial arts pops up in Port Alberni

Darran Chaisson and DoJin Won hosting classes at Dragon Martial Arts Taekwondo

VIDEO: Port Alberni welcomes Gathering Our Voices delegates

Tseshaht and Hupacasath First Nations welcomed guests during opening ceremonies

Canucks hang on for 7-4 win over Senators

Horvat nets 2 for Vancouver

European, Canadian regulators to do own review of Boeing jet

Air Canada plans to remove the Boeing 737 Max from its schedule at least through July 1

Prime minister defends Liberal budget measures as sales effort gets underway

Conservatives under Andrew Scheer say it’s a spree funded by borrowing against the future

Mayor meets with B.C. health minister on homeless taxi transfers

Two homeless people were discharged from Surrey Memorial and sent to a Chilliwack shelter

B.C. lottery winner being sued by co-workers

They claim he owes them $200,000 each, in a lawsuit filed in B.C. Supreme Court in Vancouver

Teacher reprimanded for conduct towards special needs student

Alan Stephen Berry told vice principal he did not have time to use positive strategies

‘Full worm super moon’ to illuminate B.C. skies on first day of spring

Spring has sprung, a moon named in honour of thawing soil marks final super moon until 2020

Having phone within sight while driving does not violate law: B.C. judge

The mere presence of a cell phone within sight of a driver is not enough for a conviction, judge says

Most Read