Report on the Oral Arguments of the Appeal in Hupacasath First Nation v The Minister of Foreign Affairs Canada and the Attorney General of Canada
Published 16 June 2014
Abstract
This report highlights specific aspects of the oral arguments heard by the Federal Court of Appeal of Canada this week on Hupacasath First Nation v The Minister of Foreign Affairs Canada and the Attorney General of Canada. The court below had dismissed an application by the Hupacasath First Nation seeking a declaration that Canada was required to engage in a process of consultation and accommodation with First Nations prior to ratifying an international investment agreement between Canada and China. Before the proceedings properly began, one of the judges requested that both parties provide written submissions within a few days on the question of the court's subject matter jurisdiction to hear the case. Throughout the arguments, both parties were asked to provide clarification with respect to the degree of legislative and regulatory constraint that could be expected to result from the face of the agreement's provisions.