Canada: William v. British Columbia, 2012 BCCA 285


On June 27, 2012, the British Columbia Court of Appeal (BCCA) released its decision in William v. British Columbia,1 on appeal from Tsilhqot'in Nation v. British Columbia,2 a November 20, 2007 decision of the British Columbia Supreme Court (BCSC).

The BCCA considered the appeals of the Tsilhqot'in First Nation (Tsilhqot'in) of the west central interior of British Columbia. The Plaintiff, Roger William, was the former chief of the Xeni Gwet'in First Nations Government, which, along with four other bands, is an Indian band of the Tsilhqot'in Nation. The litigation concerned claims for Aboriginal rights and title in two areas known as Tachelach'ed and the Trapline Territory (Claim Area). Although the BCCA's analysis of the case differed from the BCSC, it upheld the lower court's order in its entirety. The BCCA dismissed the Plaintiff's claim for Aboriginal title over the Claim Area, but affirmed that the Tsilhoqot'in enjoyed Aboriginal rights throughout the Claim Area.

This decision is an important contribution to the understanding of the law of Aboriginal title in British Columbia and in Canada by applying the principles set out by the Supreme Court of Canada (SCC) in earlier cases. The decision also affirms that the framework for establishing Aboriginal title is on the basis of site-specific claims and evidence of exclusive occupation and intensive use of such sites, rather than on the basis of broad, territorial claims. This directly contradicts the earlier findings of the BCSC.


This case stemmed from decisions of the Provincial Crown to grant a forest licence under the Forest Act3 in 1983 and cutting permit in 1989 to Carrier Lumber Ltd. to log in the Trapline Territory. The Nemiah Valley Indian Band (now known as the Xeni Gwet'in First Nations Government) (Band) commenced an action in 1989 to prohibit logging activities in the Trapline Territory. In 1998, the Band added claims for Aboriginal title to the Trapline Territory on behalf of the Tsilhqot'in and commenced a second action in response to proposed logging in Tachelach'ed.


In 1999, Mr. Justice Vickers of the BCSC consolidated the Band's two actions and made an order substituting the Tsilhqot'in for the Band as Plaintiff. The trial was a commenced in November 2002 and lasted 339 days over 5 years. The issues considered by the BCSC at trial included whether:

(a) the Tsilhqot'in held Aboriginal title to all or part of the Claim Area;

(b) the Tsilhqoti'in held Aboriginal rights to hunt, trap and trade in furs and pelts throughout all or part of the Claim Area;

(c) the Forest Act applied to Aboriginal title lands; and

(d) the issuing of forest licences and other forest development authorizations unjustifiably infringed Aboriginal rights in the Claim Area.

Mr. Justice Vickers dismissed the Plaintiff's claims for Aboriginal title, relying on the test for establishing Aboriginal title set out by the SCC in Delgamuukw v. B.C.,4requiring proof of exclusive occupation of the claimed lands at the time of the assertion of Crown sovereignty. Citing the SCC's decision in R. v. Marshall; R. v. Bernard,5 he held that Aboriginal title is not co-extensive with an Aboriginal group's traditional territory and that occasional entry and use of land is insufficient to found a claim to title.

Although the trial judge found that there was sufficient evidence of occupation by the Tsilhqot'in to support a claim for Aboriginal title in certain parts of the Claim Area, he declined to grant a declaration of Aboriginal title on the basis that the Plaintiff's pleadings made an "all or nothing claim" over the entire Claim Area. He held that it would be prejudicial to the defendants to make a declaration of Aboriginal title in respect of only parts of the Claim Area and stated that his decision was without prejudice to the Tsilhqotin's ability to make future claims to Aboriginal title within the Claim Area.

Despite declining to make a declaration of Aboriginal title, the trial judge held that the Tsilhqot'in had Aboriginal rights to trap and hunt for specified purposes and to trade in skins and pelts taken from the Claim Area "as a means of securing a moderate livelihood", and to capture and use horses for work and transportation purposes. He further declared that the proposed forestry activities in the Claim Area unjustifiably infringed Tsilhqot'in Aboriginal rights.


The Plaintiff raised the argument on appeal that in declining to make a declaration of Aboriginal title over the Claim Area, the BCSC erred by failing to find that the Tsilhqot'in exclusively occupied the entire Claim Area at the date of assertion of Crown sovereignty. In the alternative, the Plaintiff argued that the BCSC erred in treating the title claim as an "all or nothing claim" and in declining to make a declaration of Aboriginal title in respect of only parts of the Claim Area.

The Attorney General of Canada (AGC) argued that the BCSC erred in dismissing the Aboriginal title claim without prejudice to the Plaintiffs' ability to pursue geographically smaller title claims within the Claim Area, on the basis of cause of action estoppel. British Columbia also raised several arguments concerning Aboriginal rights, among them that the BCSC erred by:

(a) identifying the Tsilhqot'in as the holder of Aboriginal rights rather than the Band;

(b) applying an incorrect burden of proof on the issue of infringement of Aboriginal rights and requiring the Province to demonstrate that the logging activities would not interfere with Aboriginal rights, rather than placing the onus on the Plaintiff to demonstrate interference;

(c) finding that the Province's consultation with the Tsilhqot'in was insufficient and requiring the Province to acknowledge Tsilhqot'in Aboriginal rights as a prerequisite to proper consultation; and

(d) declaring an Aboriginal right to a harvestable surplus of all wildlife species, and considering whether the Tsilhqot'in had a right to trade for a "moderate livelihood" through hunting and trapping and a right to capture horses, as these claims were not pleaded specifically and further, were not made out by the evidence.


Writing for the BCCA, Mr. Justice Groberman, dismissed the Plaintiff's claims for Aboriginal title, finding that a "territorial claim" of Aboriginal title is not a viable foundation for a title of claim. Rather, the correct formulation for a title claim is over a definitive tract of lands consistent with the SCC's decisions in Delgamuukw and Marshall Bernard. However, the BCCA also agreed that its decision was without prejudice to the Tsilhqot'in to raise future claims for Aboriginal title in respect of specific lands. The BCCA also affirmed the decision of the BCSC with respect to the Aboriginal rights of the Tsilhqot'in.

Proper Rights Holder

As a preliminary matter, the BCCA considered whether, as a matter of law, the Tsilhqot'in was properly described as the rights holder rather than the Band. The BCCA held that it would be fatal to claims of groups such as the Tsilhqot'in if it were a pre-requisite for a claimant to have a definite governing or decision-making body. The BCCA noted that Aboriginal rights may not always be allocated according to band lines under the Indian Act6and the proper rights holder is a matter to be determined primarily from the viewpoint of the Aboriginal collective.

The BCCA held that it was clear that the holders of Aboriginal rights in the Claim Area traditionally defined themselves as the collective of all Tsilhqot'in people, and that the Tsilhqot'in was the proper rights holder. The BCCA recognized that there are practical difficulties of assigning rights to a body lacking a proper representative, or where there are competing bodies asserting such authority, however these difficulties cannot preclude recognition of Aboriginal rights that are otherwise proven.

Principles of Aboriginal Title

In considering whether Aboriginal title was made out on the present facts, the BCCA considered the SCC's findings in Delgamuukw that evidence of traditional use of land will not necessarily found claims to Aboriginal title even if it establishes an Aboriginal right. Rather, there are more stringent evidentiary criteria for the establishment of Aboriginal title:

(i) the land must have been occupied prior to sovereignty, (ii) if present occupation is relied on as proof of occupation pre-sovereignty, there must be a continuity between present and pre-sovereignty occupation, and (iii) at sovereignty, that occupation must have been exclusive.7

The SCC in Delgamuukw also held that it was crucial for an Aboriginal group to demonstrate that a piece of land was of central significance to their distinctive culture. Further, Delgamuukw strongly suggested that an intensive presence at a particular site was required to establish Aboriginal title.

The BCCA also considered Marshall; Bernard, in which the SCC concluded that in order to establish Aboriginal title, the claimant must demonstrate possession similar to that associated with title at common law, and exclusive possession in the sense of the Aboriginal group's intention and capacity to control the lands. Possession is typically established by showing regular occupancy or use of definite tracts of land for hunting, fishing or exploiting resources. The requirement of physical occupation must be generously interpreted, taking into account both the Aboriginal perspective and the perspective of the common law. Continuity demonstrating the Aboriginal group's descent from pre-sovereignty and the Aboriginal right into a modern common law right is also required.

The BCCA commented that in instances where traditional use and occupation of land was less intensive, a finding of Aboriginal rights less than title may nevertheless be sufficient to preserve an Aboriginal group's traditional activities, lifestyle and culture. The BCCA stated that in those instances, "recognition of those other rights may be more commensurate with the reconciliation of Aboriginal rights with Crown sovereignty than would a broader recognition of Aboriginal title".8

The BCCA rejected the notion that a territorial claim for Aboriginal title, such as the claim put forth by the Plaintiff, will generally satisfy the test for Aboriginal title. Based on Delgamuukw, "Aboriginal title cannot generally be proven on a territorial basis, even if there is some evidence showing that the claimant was the only group in a region or that it attempted to exclude outsiders from what it considered to be its traditional territory".9 The BCCA stated that broad, territorial claims did not seem to fit within the purposes behind s. 35 of the Constitution Act, 1982 or the rationale for the common law's recognition of Aboriginal title. Such claims were, in fact, "antithetical to the goal of reconciliation, which demands that, so far as possible, the traditional rights of First Nations be fully respected without placing unnecessary limitations on the sovereignty of the Crown or on the aspirations of all Canadians, Aboriginal and non-Aboriginal."10

The BCCA held that Aboriginal title cannot be proven based on a limited presence in a broad territory. Rather, it must be proven on a site-specific basis. Such a site may be defined by a particular occupancy of the land (such as village sites, or enclosed or cultivated fields), or on the basis that definite tracts of land were the subject of intensive use (specific hunting, fishing, gathering, or spiritual sites). The BCCA stated that in all cases, "Aboriginal title can only be proven over a definite tract of land the boundaries of which are reasonably capable of definition."11 The limitation on Aboriginal title to definite tracts of land is "fully in keeping with the purpose of s. 35 of the Constitution Act, 1982 and the rationale for common law recognition of Aboriginal rights and title."12

Findings regarding Aboriginal Title

The BCCA held that the claim for Aboriginal title was a "territorial" claim rather than a claim to a definite tract of land. The "territorial" basis for the claim did not form a viable foundation for a title claim. Accordingly, the claim for title was not made out.

The BCCA held that the Plaintiff's claim was sufficiently pleaded to have allowed the BCSC to declare Aboriginal title in only part of the Claim Area. Relying on the SCC's decision in Lax Kw'alaams Indian Band v. Canada (A.G.), 2011 SCC 56, which was released after the hearing of the appeal, the BCCA held that the BCSC would have been entitled to declare a lesser territorial entitlement than that claimed by the Plaintiff. At trial, the Plaintiff's theory of "occupation" was that the Tsilhqot'in moved through the territory in patterns and made attempts to repel others from the land. Since the BCSC adopted the territorial theory of the Plaintiff, it would have been permissible for the BCSC to grant a declaration of Aboriginal title in respect of a smaller territory. However, it would have been prejudicial to the defendants for the BCSC to consider site-specific title claims based on a different theory than that advanced by the Plaintiff.

While the BCCA did not agree with the BCSC's analysis on this basis, the BCCA upheld the BCSC's ruling, as the Plaintiff's claim was not sustainable. The BCCA concluded that there was no evidence of regular presence on or intensive occupation of specific tracts of land in the Claim Area and declined to make a declaration of Aboriginal title in respect of the Claim Area or any specific sites within the Claim Area.

The BCCA was of the view, however, that the Tsilhqot'in's culture and traditions could still be fully respected without recognizing Aboriginal title over the Claim Area. The BCCA stated that the Plaintiff's opposition to the so-called "postage stamp" approach to Aboriginal title incorrectly ignored the "importance of Aboriginal rights other than title in protecting traditional culture and lifestyles"13, and the fact that "title is not the only tool available to provide cultural security to the Tsilhqot'in".14 The BCCA further stated:

Canadian law provides a robust framework for recognition of Aboriginal rights. The cultural security and continuity of First Nations can be preserved by recognizing their title to particular "definite tracts of land", and by acknowledging that they hold other Aboriginal rights in much more extensive territories.

The BCCA emphasized the need to reach a "practical compromise that can protect Aboriginal traditions without unnecessarily interfering with Crown sovereignty and with the well-being of all Canadians".15 An overbroad recognition of Aboriginal title would not be conducive to these goals. The BCCA further stated that "the reconciliation of Aboriginal rights with Crown sovereignty should minimize the damage to either of those principles."

Despite its decision, the BCCA held that the Tsilhqot'in should be entitled to pursue title claims in the future on a without prejudice basis, and dismissed the AGC's argument for cause of action estoppel. The BCCA recognized that this litigation was not structured to identify specific sites as candidates for Aboriginal title and that it would not have been realistic to expect the Plaintiff to have been compelled to bring other, site-specific claims within the same litigation, based on different facts.

Aboriginal Rights

The BCCA upheld the decision of the BCSC regarding Aboriginal rights and affirmed the Tsilhqot'in's Aboriginal rights to hunt and trap birds and animals in the Claim Area for various purposes, including the right to capture and use horses for transportation and work, as well as an Aboriginal right to trade in skins and pelts to secure a moderate livelihood. The BCSC further upheld the conclusion of the BCSC that forestry activities in the Claim Area, including logging and silvicultural practices, unjustifiably infringed the Tsilhqot'in's Aboriginal rights.

The BCCA applied the framework for analysis for infringement of a proven Aboriginal rights set out in Van der Peet,16 Sparrow,17 Gladstone18 and recently in Lax Kw'alaams.19 The first step in the analysis is characterizing the Aboriginal right at issue. The court must then determine whether the claimant has demonstrated a prima facie infringement of the right by showing that government action has interfered with these rights in more than an insignificant or trivial way. The BCCA noted the SCC's comments in R. v. Morris,20 in which the majority held that a prima facie infringement requires a "meaningful diminution" of a treaty right, including anything but an "insignificant interference with that right".

The BCCA held that the BCSC correctly applied the analysis in concluding that the Tsilhqot'in's Aboriginal rights had been infringed. The BCCA held that the BCSC did not err in finding a prima facie infringement, given that the forestry activities would have a serious detrimental effect on wildlife population and diversity, which in turn would affect the hunting and trapping rights of the Tsilhqot'in in the Claim Area. Even though there was very little logging that actually took place in the Claim Areas as the litigation halted most activities, this did not preclude a finding that the Aboriginal rights of the Tsilhqot'in were infringed. The BCCA held that the Plaintiff did not have to wait until the traditional territory of the Tsilhqot'in was negatively impacted before seeking a declaration. The very acts of planning and authorizing logging infringed the Aboriginal rights of the Tsilhqot'in, since the planning and authorization were incompatible with those rights. The BCCA cautioned, however, that this case should not be seen as an authority for the proposition that any industrial activity that affects the diversity of species or abundance of wildlife will necessarily be inimical to an Aboriginal right to hunt or trap. Each case must be analyzed in terms of the nature and scope of the Aboriginal right and of the conduct that allegedly infringes it.

The BCCA concluded that the judge understood and applied the Sparrow test for prima facie infringement of Aboriginal rights. The test is satisfied when government action interferes with a proven Aboriginal right in more than a trivial way. In this case, government policy and high-level planning, combined with the specific forest tenures, permits and licences granted by British Columbia, led the trial judge to the conclusion that there would be an inevitable detrimental effect on habitat and wildlife populations in the Claim Area, and that this would interfere with proven Tsilhqot'in Aboriginal rights to hunt and trap.


The final issue is whether the trial judge erred in finding that the prima facie infringement of Aboriginal rights was not justified. The test for justification of a prima facie infringement was set out in Sparrow, quoting Gladstone, with a two-part test: First, the government must demonstrate that it was acting pursuant to a valid legislative objective. Second, the government must demonstrate that its actions are consistent with the fiduciary duty of the government towards aboriginal peoples.

The question is whether the objective of the legislative scheme that authorizes the action is compelling and substantial. Therefore, where it is alleged that a legislative provision infringes Aboriginal rights, the subject of justification must be the legislative provision. However, for governmental conduct other than legislation, the question becomes one of whether the governmental objective underlying the infringement is a justifiable one.

The BCCA agreed with the trial judge that there was no valid governmental objective for logging in the Claim Area. The BCCA noted that economic activities, including forestry could in appropriate circumstances, constitute valid legislative objectives. There was no evidence that logging was economically viable, and that the impact was disproportionate, and second, there was no compelling evidence that it was necessary to log the Claim Area to deter the spread of the mountain pine beetle.

The BCCA stated that in the circumstances it was not necessary to engage in any detailed analysis of whether the impugned governmental conduct was consistent with fiduciary obligations or with the honour of the Crown.


The BCCA discussed whether there must be an acknowledgement of Aboriginal rights in order for infringements of such rights to be properly justified. The BCSC found that although the Province had engaged in consultation with the Tsilhqot'in regarding the forestry activities, the Provinces did not acknowledge the Aboriginal rights of the Tsilhqot'in in the process. The BCSC held that the Province did not justify the infringement of such rights. The Province argued on appeal that the BCSC was in error to suggest that the Crown must acknowledge unproven Aboriginal rights:

It is clear the Crown need not accept the validity of asserted, but unproven, claims to Aboriginal rights as a prerequisite to meaningful consultation. Indeed, it is the uncertainty surrounding such rights that forms the basis for the duty to consult that was established in Haida Nation. Read in context, however, I do not think that the judge meant that the Crown is required to accept the validity of unproven rights claims as a condition precedent to meaningful consultation. Rather, as the plaintiff argues, all that is required is that the Crown treat the claim seriously by making a preliminary evaluation of its strength, and entering into consultations commensurate with that evaluation.

Therefore, the Province's failure was not accepting validity of the Aboriginal rights claims prior to consultation, but rather failing to gather important information before choosing its course of conduct.

The BCCA held that given that the governmental objective did not justify the Crown's authorization of forestry development in the Claim Area, it was not necessary to evaluate the judge's conclusion that the government's position in consultations was inconsistent with the honour of the Crown.

Forest Act

The BCCA considered whether the Forest Act applies to lands subject to Aboriginal title. The BCSC had concluded that the act did not apply to forests on Aboriginal title lands, and further, that the doctrine of interjurisdictional immunity prevented provincial legislation from regulating resource use on Aboriginal title lands, as it fell within federal jurisdiction. The BCCA, however, stated that it was unnecessary to make a determination on this issue given its conclusion that the claim to Aboriginal title was not made out.


1 2012 BCCA 285 (William).
2 2007 BCSC 1700 (Tsilhqot'in).
3 now R.S.B.C. 1996, c. 157.
4 [1997] 3 S.C.R. 1010 (Delgamuukw).
5 2005 SCC 43, [2005] 2 S.C.R. 220 (Marshall; Bernard).
6 citing Kwicksutaineuk/Ah-Kwa-Mish First Nation v. Canada (A.G.), 2012 BCCA 193.
7 Delgamuukw, at para. 143.
8 lliam, at para. 173.
9 lliam at para. 220.
10 liam, at para. 219.
11 liam, at para. 230.
12 liam, at para. 231.
13 liam, at para. 234.
14 liam, at para. 235.
15 liam, at para. 239.
16 v. Van der Peet, [1996]2 S.C.R. 507 (Van der Peet).
17 v. Sparrow, [1990] 1 S.C.R. 1075 (Sparrow).
18 v. Gladstone, [1996] 2 S.C.R. 723 (Gladstone).
19 Kw'alaams Indian Band v. Canada (A.G.), (2011 SCC) 56 (Lax Kw'alaams)
20 v. Morris (2006 SCC) 59 (Morris).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions