WESTERN POTASH CORP T.WPX

Look who's representing the natives...

[seekingalfalfa]

Looks like ole Jeffrey's been busy winning cases for First Nations types. Anyone think this cat would take on a frivilous case with a record like this? I don't think so. This is likely the start of some very large legal issues regarding potash in Saskatchewan. Once this decision sets a precedent, the floodgates will open.

Check it out....

 

Jeffrey R. W. Rath

JEFFREY R.W. RATH , B.A. (Hons.), LL.B. (Hons.)
BARRISTER & SOLICITOR
Jeff Rath has used his vast amount of knowledge and experience to effectively advocate for the rights and interests of First Nations in Canada at all levels of court in Canada for over 20 years.

Jeff has been involved in winning cases for First Nations at every level of Court in Canada including the Supreme Court of Canada; the Federal Court of Appeal; the Federal Court Trial Division; the Alberta Court of Appeal; the Alberta Court of Queen's Bench; and the Provincial Court of Alberta; the Saskatchewan Court of Appeal; the Supreme Court of British Columbia; and the Ontario Court of Appeal. Jeff has also successfully advocated against numerous boards and tribunals including the National Energy Board; the Alberta Energy and Utilities Board; the Alberta Energy Resources Conservation Board; and the British Columbia Environmental Appeal Board.

Jeff acted as Lead Counsel in Mikisew Cree Nation Case ("Mikisew") at the Supreme Court of Canada. The Court issued a unanimous 9-0 ruling in favour of Mikisew in what has become a Landmark decision of that Court. Among other things the Supreme Court of Canada found that:

• oral promises form part of Treaty 8
• Mikisew had rights under Treaty 8 to hunt, trap and fish in a national park
• the obligation to consult arises upon the Crown obtaining either real or constructive knowledge that a right might be infringed
• First Nations are entitled to a process of consultation separate and apart from the "public process"
• First Nations are entitled to be provided information as the nature and extent of the impact and are to be given adequate time to review this information with their own experts prior to having to engage in a consultation process with the Crown
• the Crown cannot delegate its substantive consultation obligations onto self interested third party project proponents
• the Crown cannot simply tell first nations to go exercise their rights elsewhere
• the honour of the Crown requires the Crown to give priority to First Nation rights and interests
• First Nation concerns must be "seriously considered and, wherever possible, demonstrably integrated into the proposed plan of action

Jeff has also litigated or won the following cases including but not limited to:

• Treaty 8 Tribal Association v. The Ministry of Forests, at the Environmental Appeal Board of British Columbia
• Blueberry River First Nation v. Remington Exploration
• Halfway River First Nation v. The Ministry of Forests and Canfor at the Supreme Court of British Columbia
• Halfway River First Nation v. The Ministry of Forests and Canfor at the British Columbia Court of Appeal
• R. v. Breaker at the Provincial Court of Alberta
• Liidlii Kue First Nation v. Canada at the Federal Court of Canada
• Haida Nation v. British Columbia (Minister of Forests) Supreme Court of Canada
• Taku River Tliingit First Nation v. British Columbia at the Supreme Court of Canada
• Mikisew Cree First Nation v. Minister of Canadian Heritage at the Federal Court Trial Division
• Mikisew Cree First Nation v. Minister of Canadian Heritage at the Federal Court of Appeal
• Mikisew Cree First Nation v. Minister of Canadian Heritage at the Supreme Court of Canada
• Chief Liza Wolf (Prophet River First Nation) v. Canada at the Federal Court Trial Division
• Chief Liza Wolf (Prophet River First Nation) v. Canada at the Federal Court of Appeal
• Whitefish Lake Band of Indians v. Canada (Attorney General) at the Ontario Court of Appeal
• Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council and British Columbia Utilities Commission at the Supreme Court of Canada
• R v. Hamelin at the Court of Queen's Bench Alberta