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 ...