What is the impact of an injunction being sought against a First Nations First Nation (formerly First Nations) band for access to their traditional lands?

The defendants, too, will suffer irreparable harm if the injunction were to be granted. The evidence discloses that the deprivation of the band’s hunting and trapping land through development has been steadily growing over the years, as has the deprivation of traditional lands of other bands covered by Treaty #8. It is no longer realistic to simply tell the defendants to go elsewhere under Treaty #8 to exercise their rights. Furthermore, once the road is built, the defendants will have lost their opportunity to engage in meaningful consultation and obtain a meaningful accommodation of treaty rights. This has been held to constitute irreparable harm that is not compensable by damages (Musqueam Indian Band v. Canada (Governor in Council), 2004 FC 579).