Standards like this one ensure adequate quantification and proper ownership rights, particularly in relation to
aboriginal land claims.
So far as Derek understood it, the site should have been cleaned up years ago but it had got mired in political horse - trading until, about a decade ago, Charlie Salliaq had dismissed the old legal team and called on the services of Sonia Gutierrez, a prominent human rights lawyer specializing in
aboriginal land claims.
It also means setting up allowances for valuation against potential losses resulting from claims currently before the court, environment liabilities, employee future benefits,
aboriginal land claims, concessions relating loans and loan guarantees, tax receivables and payables, among others.
They serve on tribunals and staff Canadian embassies all over the world, as well as looking after
aboriginal land claims and intergovernmental affairs.
Not exact matches
In December, the Yukon appeal court sided with the Ross River Dena Council that existing free - entry staking rules conflicted with the constitutional duty to consult
aboriginal groups with outstanding
land claims, in this case to an area known as the Kaska.
Neither is there any mention of the rights of
aboriginal communities with
claims to the
land in question.
Today's ruling marked the first time the Supreme Court has recognized
aboriginal title to a specific piece of
land, and is expected to have predominant application in resource - rich Pacific Coast province, where there are unresolved
land claims.
As part of defending a
claim by Haida Nation for
aboriginal title over
lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their action.
Haida Nation has
claimed aboriginal rights and title over Haida Gwaii, and its
claim includes «the
land, inland waters, seabed, archipelagic waters, air space, and everything contained thereon and therein,» thus including private
lands and Crown grants of tenures, permits, and leases.
The Court's argument (at para 114) that «no one would have been in charge» of the forests unless the BC government intended the words «vested in the Crown» to apply to
lands with pending
claims of
aboriginal title is further evidence of the Court's lack of acknowledgment of the possibility of indigenous laws.
If you want to pave an entire tract of
land that is subject to an
aboriginal title
claim, then yes, the Crown's fiduciary duty may well include getting the consent of the affected First Nation, but I'd suggest that's probably an uncommon scenario.
Resource companies had nervously watched this decision after the Supreme Court came down in favour of British Columbia
aboriginal groups in the June 26 decision in Tsilhqot» in Nation v. British Columbia, a
land claims case in which natives also had sought to block forestry.
The AJI created a hugely significant collection of over 1,200 items comprised of government reports, various studies, and unpublished papers in areas such as self - government,
land claims, police,
aboriginal courts and sentencing practices, etc..
(B) an organization established to negotiate or implement on behalf of
aboriginal people, a treaty or
land claim agreement with the Government of Canada,
Governments have a duty to consult with First Nations when proposed projects may impact
land and resources
claimed by
aboriginals.
Even after Tsilhqot» in,
claiming title is not a straightforward issue for
aboriginal groups, given overlapping territories and the need to demonstrate exclusive use of the
land where title is being
claimed.
Craft, a descendant of Manitoba Métis Louis Riel who practises at the Public Interest Law Centre in Winnipeg, notes
aboriginal law has come a long way in recent years: until the early 1950s, the Indian Act banned First Nations from hiring lawyers to pursue
land claims.
The Aboriginal
Land Rights (Northern Territory) Act 1976 (Cth) makes traditional ownership the sole criteria for land claims despite the Woodward Royal Commission, which precipitated the Act, recommending the twin bases of traditional ownership and need.47 It defines «traditional Aboriginal owners» in relation to land as a local descent group of Aboriginals
Land Rights (Northern Territory) Act 1976 (Cth) makes traditional ownership the sole criteria for
land claims despite the Woodward Royal Commission, which precipitated the Act, recommending the twin bases of traditional ownership and need.47 It defines «traditional Aboriginal owners» in relation to land as a local descent group of Aboriginals
land claims despite the Woodward Royal Commission, which precipitated the Act, recommending the twin bases of traditional ownership and need.47 It defines «traditional Aboriginal owners» in relation to
land as a local descent group of Aboriginals
land as a local descent group of
Aboriginals who:
In British Columbia, for instance, there are
aboriginal claims on a lot of
land, which means your client can only lease the
land, even if they own the property.