Can a claimant group seek a bare declaration of a right without asking for either infringement or justification?
British Columbia, Canada
The following excerpt is from Cowichan Tribes v Canada (Attorney General), 2018 BCSC 1050 (CanLII):
Canada relied on Cheslatta Carrier Nation v. British Columbia, 2000 BCCA 539, where a claimant group similarly sought a bare declaration of a right, in that case without asking for the court to rule on either infringement or justification. The court wrote at paras. 18-19: … such rights cannot be properly defined separately from the limitation of those rights. The latter are needed to refine and ultimately define the former ... … [The] definition of the circumstances in which infringement is justified is an important part of the process of defining the right itself.
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