Edited by Ljiljana Biukovic and Pitman B. Potter
Chapter 4: Challenging an investment agreement in Canada: Hupacasath First Nation’s application for judicial review against the CCFIPPA
This chapter discusses the judicial decisions that dismissed an application for judicial review brought by the Hupacasath First Nation (Hupacasath) in British Columbia, Canada against the Federal Government of Canada in 2012. The application sought a declaration that Canada is required to engage in a process of consultation and accommodation with the Hupacasath and all First Nations prior to the ratification of the Foreign Investment Promotion and Protection Agreement between Canada and China (CCFIPPA). This chapter critiques the legal analysis made by the Federal Court of Hupacasath’s application and emphasizes the relevance of self-government as a structure to enable the participation of First Nations in the decisions that affect them and their territories, and the local reinterpretation and adaptation of international law standards according to local needs and context.
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