What is the range of remedies available to the Da'naxda’xw at the Supreme Court of Canada in their application for a remedy beyond what was sought?
British Columbia, Canada
The following excerpt is from Da’naxda’xw/Awaetlala First Nation v. British Columbia (Energy, Mines and Natural Gas), 2016 BCCA 163 (CanLII):
Given the recognized extent of flexibility with respect to pleadings there is in cases of this kind, it does appear that, having concluded the Da’naxda’xw are entitled to a remedy beyond what was sought, the judge might have invited submissions from counsel as to what, if any, remedy may be available to the Da’naxda’xw and how best to proceed. Such would be consistent with the course followed in Wii’litswx v. British Columbia (Minister of Forests), 2008 BCSC 1139 at paras. 251-260.
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