Does the Statement of Claim disclose a cause of action?

Despite the removal of Riverside from these proceedings, I conclude that the Statement of Claim, as amended, does disclose a cause of action. It is not a moot or theoretical claim but raises live issues between the parties that must be resolved. The language of Rowles J.A. in Tsilqot’in Nation v. Canada (Attorney General), supra, applies equally to the claims of the plaintiff as presently disclosed by the amended Statement of Claim. In considering the claims in an historical context, she said at paragraph 133: ... it makes no sense to describe the Xeni Gwet’in’s actions as being a means to gain a strategic bargaining advantage. It seems to me that a description more consistent with events and the steps they have taken is that the Xeni Gwet’in are simply attempting to protect what they see as their interests, and, in view of the history, it is unsurprising that the Xeni Gwet’in would fear that decisions have or will be made that will impact their asserted aboriginal rights and title. The Xeni Gwet’in are not required to wait until irreparable harm has been done to their trapping area before commencing an action.