Content of test to determine whether a dispute is “real” or “hypothetical” for the purposes of declaratory relief — When consideration of Indigenous intention and understanding of a treaty is irrelevant to interpretation of treaty — Whether impact of a treaty with Indigenous people upon Indigenous non signatories to the treaty engages the honour of the Crown — Whether honour of Crown always relevant and timely in treaty interpretation — Whether impact on treaty and non-treaty holders of s. 35 rights should be considered as part of honour of Crown — Whether it is appropriate for court to consider treaty provisions in isolation — Whether other provisions and impact of interpretation on the honour of the Crown are relevant to interpretation.— dismissed 01/21/2021 — Supreme Advocacy acted as agent for the Respondent.

Read the lower court decision from the BCCA here.