Slawsky v. Isitt

The Supreme Court of British Columbia issued a decision on September 23, 2014 in <i><a href="" title="Slawsky v. Isitt">Slawsky v. Isitt</a></i>, granting the application of Chief Don Tom of the Tsartlip First Nation to have the plaintiff's injunction application adjourned for four weeks.

This dispute arises from the protest activities of the defendants at an islet in British Columbia's Salish Sea owned by the plaintiff. The plaintiff is seeking an injunction against the defendants whom he alleges have disrupted his construction activities on the islet, where he is building a retirement home for himself. The defendants, in turn, are alleging that the islet constitutes ancient Indigenous burial grounds that may be protected by the historic Douglas Treaty in relation to the area. In this application, the defendants sought a four week adjournment to prepare evidence and argument to defend against the injunction application on the basis of rights under the Douglas Treaty. The court was persuaded that the injunction application ought to be adjourned to allow the defendants time to consult community members, conduct necessary research to prepare a full case to be heard on the injunction application, and instruct counsel accordingly.