Aboriginal Litigation and Research Group
The Aboriginal Litigation and Research Group:
- appears on behalf of government in Provincial and Federal Courts on all aboriginal law matters;
- is responsible for the conduct of significant aboriginal rights and title litigation;
- routinely appears on judicial review applications involving aboriginal rights and title issues;
- advises and assists Crown counsel on criminal law matters involving aboriginal rights or title claims; and
- provides research assistance and reports to all government Ministries and Crown counsel regarding aboriginal rights and title claims.
A student on rotation with the Aboriginal Litigation and Research Group may:
- appear with counsel in a trial, Provincial Court hearing, or judicial review application;
- attend at a discovery and/or witness preparation;
- draft pleadings, interrogatories, notices to admit, affidavits, motions or orders;
- review and code documents, and
- research and draft legal opinions.
Examples of the Types of Cases On Which You May Work
- Roger William, Xeni Gwet'in First Nation v. HMQ in right of BC; an aboriginal land title claim to vast tracks of land in the Cariboo Region; presently ongoing at the BC Supreme Court.
- R. v. Morris and Olsen, a constitutional challenge to the applicability of the provincial Wildlife Act prohibiting hunting at night with the aid of illumination based on the asserted treaty rights of the appellants, heard by the Supreme Court of Canada last October, 2005 (on reserve).
- Musqueam Indian Band v. British Columbia; a judicial review of a decision to sell lands in Vancouver, British Columbia over which the Musqueam have an outstanding land and treaty claim to the University of British Columbia, heard by the British Columbia Court of Appeal.
- West Moberly First Nations, et al v. HMQ in right of British Columbia; an action concerning the location of the western boundary of Treaty 8.
