Salmon, Jobs, and Community: Reconciling Mass Claims, Individuality, and Aboriginal Collectives After the Kwicksutaineuk/Ah-Kwa-Mish First Nation Case

Should Aboriginal groups choose the class action or the representative action for their mass litigation claims? Is it ever possible to have an individual Aboriginal right? Why do the courts not certify Aboriginal class actions claims? Recent jurisprudence has developed from the BC Court of Appeal and the Federal Court that sheds light on this developing area of Aboriginal and class actions law. Some questions are answered — others are raised.