Section 185 of the TSA places a similar onus of proof on a party who contravenes the Act and sustains loss or damage: (supremeadvocacy.ca)
Justice North and Tim Goodwin have also suggested legislative amendment to establish a reverse onus of proof in native title applications. (humanrights.gov.au)
Not Necessary: The Canadian Human Rights Commission (CHRC) is of the opinion that no such amendment is necessary as a shifting onus of proof is inherent in the application of the Act. (ccdonline.ca)