What is the public interest factor in the context of a claim by Blueberry River?
British Columbia, Canada
The following excerpt is from Yahey v British Columbia, 2017 BCSC 899 (CanLII):
With respect to the public interest factor, as acknowledged by Donald J. (as he then was) in McLeod Lake Indian Band v. British Columbia, [1989] B.C.J. No. 2049 (S.C.): “The public … also has an interest in the fair and orderly settlement of aboriginal claims.” There is a significant public interest in ensuring the reconciliation of competing interests with appropriate measures. At this stage, however, I am unable to determine on the evidence whether the current process is appropriate, particularly with respect to the cumulative aspect of the claim of Blueberry River in this matter. This suggests, to me, a decision on the ultimate issue.
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