July 30, 2025

The Rule of Law within a Legally Plural Society

In R v Cavanaugh, 2025 BCCA 252 (Cavanaugh), the BC Court of Appeal (BCCA) touches on a number of important legal issues. An earlier post on this blog summarized parts of the case that deal with using the court’s contempt power to punish the breach an injunction in a resource Read more

July 21, 2025

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 Read more

July 10, 2025

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 Read more

July 7, 2025

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 Read more

July 4, 2025

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 Read more