Coastal GasLink Pipeline Ltd. v. Huson 2019 BCSC 2264

The plaintiff company obtained government permits to construct a natural gas pipeline from near Dawson Creek, BC, to a liquefied natural gas export facility to be built near Kitimat on the coast. The defendants were members of the Wet'suwet'en Nation and their supporters who oppose construction of the pipeline through Wet'suwet'en territory. They were blocking an access road to a construction site. The plaintiff sought an interlocutory injunction against the defendants. The defendants asserted that they were acting to prevent violations of Wet'suwet'en law. The BC Supreme Court granted the interlocutory injunction. Justice Church stated that, "[a]s a general rule, Indigenous customary laws do not become an effectual part of Canadian common law or Canadian domestic law until there is some means or process by which the Indigenous customary law is recognized as being part of Canadian domestic law, either through incorporation into treaties, court declarations, such as Aboriginal title or rights jurisprudence or statutory provisions." She found that there was insufficient evidence of the "Indigenous legal perspective", and concluded that the requirements for granting the injunction had been met.