Salmon, Jobs, and Community: Reconciling Mass Claims, Individuality, and Aboriginal Collectives After the Kwicksutaineuk/ah-kwa-mish First Nation Case

• Author: Steve Carey
• Pages: 299-329

299

SALMON, JOBS, AND

COMMUNITY: RECONCILING

MASS CLAIMS, INDIVIDUALITY,

AND A BOR IGINAL COLLECTI V ES

AFTER THE

KWICKSUTAINEUK/

AH-K WA-MISH

FIR ST NATION

CA SE

Steve Carey

Abstract: Should Abor iginal groups choose the class action

or the representative action for their m ass litigation claims?

Is it ever possible to have an indiv idual Aboriginal right?

Why do the courts not certify Aboriginal cla ss actions claim s?

Recent jurisprudence has developed from the BC Court of

Appeal and the Federal Cour t that sheds light on this develop-

ing area of Aboriginal and class act ions law. Some questions

are answered — others are raised.