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Motion to amend pleadings seeking bare declaration of Aboriginal rights dismissed for lacking reasonable prospect.
The plaintiff sought leave to amend its statement of claim to seek a bare declaration of its Aboriginal rights to fish eulachon, without alleging any infringement of those rights.
The defendants opposed the motion on the basis that the proposed amendments had no reasonable prospect of success.
The Court agreed, finding that a claim for a bare declaration of Aboriginal rights without a live controversy or factual context of infringement is contrary to established jurisprudence and would serve no useful purpose.
The motion to make the disputed amendments was dismissed.
