Hupacasath First Nation won't back down on fight against China-Canada FIPPA treaty

Erin Flegg

The Hupacasath First Nation may not have succeeded the first time around, but its fight to keep the federal government from ratifying the Canada-China Foreign Investment Promotion and Protection Act (FIPPA) is heating up again. The tiny Vancouver Island nation has filed an appeal with the Federal Court of Appeals and expects the Crown to file by March 17. The appeal of last summer's decision is being made on twofold grounds: first, that Chief Justice Paul S. Crampton failed to appreciate the impact the treaty would have on the Hupacasath's right to self-government, and second, that the court didn't apply the correct legal test when determining when the duty to consult is triggered, effectively setting bar too high.