What is the standard of conduct in aboriginal rights litigation?
British Columbia, Canada
The following excerpt is from The Lax Kw'alaams Indian Band v. The Attorney General of Canada, 2006 BCSC 1463 (CanLII):
As I said recently in another aboriginal rights case, Kwakiutl Nation v. Canada (Attorney General), 2006 BCSC 1368 at para. 26, I am of the view that aboriginal rights litigation is unique and should not be regarded as typical civil litigation. There is an obligation on all involved, including the courts, to ensure that the core issues are tried in such a way that does not deter the claimants or prejudice the defendants.
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