Arend J.A. Hoekstra and Jordanna Cyntrynbaum of the Canadian corporate law firm Cassels successfully represented a member of the Penticton Indian Band in a legal dispute with Actton Super-Save Gas Stations Ltd. The Super-Save operated under lease on the lands of the Penticton Indian Band. The B.C. Supreme Court deemed the lease invalid because it was never officially approved by a federal minister, as required under s. 58(3) of the Indian Act.
Hoekstra commented that the Indian Act has “created its own unique world of agreements, and for me as a lawyer, what it means is you’ve got to take a unique lens when you’re dealing with reserve lands”¹.
According to Cassels, “The decision is an important reminder that many legal principles, such as principles of common law, equity, and some provincial laws do not apply to activities on reserve lands to [when] they conflict with the Indian Act”².
¹ Fries, J. Super-Save ordered out due to invalid lease on PIB land. Penticton Herald. Published May 6, 2024. bit.ly/3UQ6h42
² Cyntrynbaum, J., Hoekstra, A.J.A. BC Court confirms it has no authority to grant rights to occupy reserve land. Cassels. bit.ly/4bhpNMM
Photo credit: Global News
