ARTICLE
15 September 2021

A Watershed Decision: Supreme Court Rules That Compensation For Flooded Reserve Land Is Insufficient

WS
Willms & Shier Environmental Lawyers LLP
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Willms & Shier Environmental Lawyers LLP logo
Willms & Shier Environmental Lawyers LLP www.willmsshier.com is Canada’s recognized leading environmental law firm, delivering a full range of environmental, Indigenous and energy law services. For 40 years, our clients have benefitted from our innovative, practical solutions and extensive knowledge of environmental, Indigenous, and energy and natural resource issues.  With 19 highly specialized lawyers, we are the largest private sector environmental law practice in Canada.  Seven of our lawyers are Environmental Law Specialists, certified by the Law Society of Ontario. Willms & Shier has offices in Toronto, Ottawa, Calgary and Yellowknife.  Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, the Northwest Territories, and Ontario.
In this case, the SCC established a framework on how to equitably compensate Indigenous communities for the unauthorized operation of hydroelectricity projects on Reserve land without consent.
Canada Environment
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The Supreme Court of Canada ("SCC") recently released its decision in Southwind v Canada, 2021. In an 8-1 ruling, the SCC held that $30 million in compensation to the Lac Seul First Nation ("LSFN") for the federal government's flooding of its Reserve land was insufficient, and ordered the case back to trial for re-assessment.

The decision was a majority decision with Justice Cote dissenting. The case considers the application of the principles of equitable compensation within the context of Canada's fiduciary duty to Indigenous Peoples. In this case, the SCC established a framework on how to equitably compensate Indigenous communities for the unauthorized operation of hydroelectricity projects on Reserve land without consent.

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ARTICLE
15 September 2021

A Watershed Decision: Supreme Court Rules That Compensation For Flooded Reserve Land Is Insufficient

Canada Environment
Contributor
Willms & Shier Environmental Lawyers LLP logo
Willms & Shier Environmental Lawyers LLP www.willmsshier.com is Canada’s recognized leading environmental law firm, delivering a full range of environmental, Indigenous and energy law services. For 40 years, our clients have benefitted from our innovative, practical solutions and extensive knowledge of environmental, Indigenous, and energy and natural resource issues.  With 19 highly specialized lawyers, we are the largest private sector environmental law practice in Canada.  Seven of our lawyers are Environmental Law Specialists, certified by the Law Society of Ontario. Willms & Shier has offices in Toronto, Ottawa, Calgary and Yellowknife.  Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, the Northwest Territories, and Ontario.
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