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2nd October 2013
TORONTO (miningweekly.com) – On August 26, a Canadian federal court rejected arguments made by the Hupacasath First Nation that the federal government had a duty to consult the band before approving the Canada-China foreign investment promotion and protection agreement (CCFIPPA).
Located in central Vancouver Island, the Hupacasath maintained the duty was triggered by the agreement’s potentially negative impact on its community, lands and traditions.
It also contended that, under the agreement, any resource dispute between the First Nations and Chinese investors will be resolved through international trade and investment laws to the preclusion of Canada’s constitutional protections afforded to the band.
Considering previous case law, with particular focus on 2010’s Rio Tinto Alcan v Carrier Sekani Tribal Council, Chief Justice Paul Crampton ruled that the Hupacasath’s arguments were non-appreciable and speculative; the duty to consult had not been triggered.