The Court of King’s Bench of Alberta has recently granted advanced costs to an Indigenous First Nation pursuing a Treaty infringement claim against the Alberta and Canadian government.
In Anderson v Alberta, 2024 ABKB 524, the Beaver Lake Cree Nation (the “Beaver Lake Cree”) applied for advanced costs to support its active claim against the government. The claim asserts that Alberta and Canada have allowed industrial development on the Beaver Lake Cree traditional lands without consideration of its impact on their Treaty 6 rights.
Justice Bokenfohr granted their claim for advanced costs in recognition of Beaver Lake Cree’s needs and necessity to have access to financial resources to bring legal claims forward and uphold their Treaty and section 35 rights. The Court ordered the Alberta government to contribute $1.5 million annually to Beaver Lake Cree’s legal costs until the litigation is concluded.
Anderson v Alberta recognizes the importance of supporting Indigenous litigation that protects and upholds their Treaty and section 35 rights. This decision was applauded by the Indigenous Bar Association for recognizing and mitigating the financial burdens faced by Indigenous communities pursuing Treaty rights litigation. For a more in-depth analysis of Anderson v Alberta, read the court’s complete reasoning here.
