BC Court of Appeal declines to allow colour-of-right defence based on Indigenous laws

R v Cavanaugh, 2025 BCCA 252, was an appeal from several convictions for criminal contempt. The convictions involved interfering with a Trans Mountain pipeline site in breach of an injunction. “The primary issue on appeal”, the court noted, was “whether the judge failed to take Indigenous laws into account when assessing the mens rea element of the offence and deciding to quash subpoenas issued by the appellants”. The subpoenas were issued by the appellants to Read more

Legislating Support for Self-Determination and FPIC: Lessons from Colombia

Recent developments in Colombia shed light on potential pathways for strengthening state recognition of self-determination and free, prior, and informed consent (FPIC) of Indigenous peoples through legislation. In May 2025, the national government of Colombia published Decree 0488/2025,[1] which advances Indigenous self-determination and autonomy within state recognized Indigenous Territories through the force of law. The Decree’s introduction recognizes the establishment of new relationships between the state and Indigenous populations, particularly ones that are horizontal rather Read more

How British Columbia’s Wills Reform Helped Shape England and Wales’ Proposed Wills Act

Introduction In shaping its proposals for wills law reform, the Law Commission of England and Wales found a compelling model in British Columbia’s Wills, Estates and Succession Act (WESA), a statute shaped in part by the 2006 BCLI report on succession law. Elements of BCLI’s recommendations now appear in the Law Commission’s 2025 report, Modernising Wills Law. There are several areas where BCLI’s work and that of BCLI’s predecessor, the Law Reform Commission of British Read more

BC Supreme Court denies anticipatory injunction in racetrack dispute

Harness Racing B.C. Society v Orangeville Raceway Limited, 2025 BCSC 1249—a recent decision of the BC Supreme Court—was a dispute between the owners of a horse-racing facility (the defendants) and a society and its members (the plaintiffs), who were among the main users of the racetrack facility. The dispute turned on a rat infestation at the racetrack. The defendants had engaged a pest-control company, which “recommended barn by barn treatment”. Under this plan, the defendants Read more

Project Update: Pension Division Q+A 5th Edition

BCLI has continued its commitment to improving family law in BC through its Pension Division Questions and Answers series. The Q+A is a definitive guide that speaks of the complex legal issues that arise when a spousal relationship breaks down and the family property to be divided includes benefits in a pension plan. The first draft of the 5th edition is currently out for review with pension experts. BCLI will consider their comments and make Read more