Behn v. Moulton Contracting Ltd. [2013] 2 SCR 227

This case involved a private tort action brought by a forestry company against individuals of the Fort Nelson First Nation who had blocked the company's access to logging sites. The defendants alleged that the company's provincial timber harvesting licences were void because they had been issued in violation of their Treaty 8 rights and the Crown's duty to consult. The Supreme Court held that, while Aboriginal and treaty rights are generally collective, individuals may be able to assert them in appropriate circumstances. However, in this case the evidence did not reveal that the First Nation had authorized the defendants to challenge the validity of the licences. Moreover, it was an abuse of process for the defendants to challenge the licences' validity at this late stage. Instead, the First Nation or authorized individuals should have challenged the licences' legality when the Crown granted them. The company's motion to strike the defences based on treaty rights and the duty to consult was granted.