Sentences with phrase «grassy narrows»

The trial judge found in favour of Grassy Narrows on all important issues, specifically that in the Keewatin Lands, Ontario could not «take up» lands and thereby limit harvesting rights without clearing it with Canada first.

Known as the Keewatin case, in Grassy Narrows First Nation v. Ontario (Natural Resources) the Supreme Court agreed with the lower court that Ontario did not need to consult with the federal government before taking up land in a tract included in Treaty 3 of 1873.

The Supreme Court of Canada's ruling in Grassy Narrows First Nation v. Ontario (Natural Resources) on July 11 ended a dispute that has played out in northern woodlots and in the courts for the last 15 years.

The Grassy Narrows decision is particularly relevant in the context of the Energy East Pipeline.

The most recent examples are this summer's Tsilhqot» in and Grassy Narrows Supreme Court decisions.

In Grassy Narrows the Supreme Court confirmed that the provinces are fully responsible for ensuring that Treaty rights are respected and constitutional obligations to Aboriginal peoples, including the duty to consult, are fulfilled.

Not so, said the Supreme Court definitively in Tsilhqot» in and Grassy Narrows.

Similarly, the Federal government has no role to play in consulting and accommodating First Nations that are party to treaties when Provinces «take up» Provincial Crown land to make resource allocations (Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 (Grassy Narrows), applying Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), 2005 SCC 69)-RRB-.

As with most Supreme Court Aboriginal law decisions, it remains to be seen how lower courts will interpret and apply Tsilhqot «in and Grassy Narrows, especially in relation to treaty rights.

The second major issue that should be emphasized is that Tsilhqot» in and Grassy Narrows call into question governments» assumption that the historical treaties were cede, release and surrender treaties under which First Nations agreed to give up their Aboriginal title.

In Grassy Narrows the Supreme Court also answered two questions.

In light of Tsilhqot» in and Grassy Narrows, both Crowns must deal directly with Aboriginal peoples in relation to their section 35 Aboriginal and Treaty rights.

Also, interpreting the treaties as extinguishment documents would be inconsistent with the Supreme Court's discussion in Tsilhqot «in and Grassy Narrows of the Crown's fiduciary obligations and the honour of the Crown.

Together, Tsilhqot» in and Grassy Narrows will have far - reaching effects for Treaty First Nations.

Taking into account the further decisions in Tsilhqot» in and Grassy Narrows, some of the matters that fell under this category and which are still relevant are:

Some of the world's top scientists are refuting claims by Ontario Premier Kathleen Wynne that attempts to clean up mercury contamination in Grassy Narrows First Nation could make the situations worse.

The Court concluded that the trial judge's overriding error in Grassy Narrows was her finding that the «taking up» of lands under Treaty 3 requires a two - step authorization process involving Canada.

''... Tsilhqot» in and Grassy Narrows call into question governments» assumption that the historical treaties were cede, release and surrender treaties...»

Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 (35379) Ontario has the authority to take up lands in the Keewatin area so as to limit the harvesting rights set out in Treaty 3.

«Stepping into Canada's Shoes: Tsilhqot» in, Grassy Narrows and the Division of Powers,» University of New Brunswick Law Journal: 67 (2016)

«Every day that goes by without justice for Grassy Narrows is another attack on the land,» said Avi Lewis.

Grassy Narrows continues to demand government action after a recent Toronto Star investigation revealed a former mill worker's confession to having dumped at least 50 barrels of mercury.

The Supreme Court of Canada has passed up the opportunity to clarify the application of the doctrine of interjurisdictional immunity (IJI) to reserve lands following its decisions in Tsilhqot» in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 (Keewatin) in June 2014 by denying leave to appeal in the Sechelt Indian Band case.

Worked with Grassy Narrows First Nations from 1999 to 2014 to fight industrial logging on their traditional territory.

10:20 We speak with Judy Da Silva about the on - going fight to clean up mercury contamination in the Grassy Narrows First Nation.

Mr. Kokopenace was a member of Grassy Narrows First Nation, living on reserve, and was accused of second degree murder in the stabbing death of a friend.

Today's decision in Grassy Narrows First Nation v. Ontario (Natural Resources) has positive implications for the ability of Goldcorp Inc. and other companies to continue to mine on land natives had ceded to Canada under treaty.

Aboriginal Law: Harvesting Rights; Taking - Up Power Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48 Ontario has the authority to take up lands in the Keewatin area so as to limit the harvesting rights set out in Treaty 3.

It said in a statement that though Ontario had met with Grassy Narrows, it had not changed its plans meaningfully to take Grassy Narrows» concerns into account.

Not every «taking up» will constitute an infringement of hunting and fishing rights, she said, but if the taking up leaves the Grassy Narrows Ojibway group with no meaningful right to hunt, fish or trap in areas where they used to do so, they could have a court case for treaty infringement.

Grassy Narrows First Nation had contested the right of Ontario alone to grant licences, arguing the federal government should also be involved.

Plus blocking pipelines and Grassy Narrows!

The Supreme Court of Canada will hear Grassy Narrows» legal case for treaty rights and against clearcut logging.

Grassy Narrows was permitted to bring an action raising the same issues: Keewatin v. Ontario (Minister of Natural Resources) 2003 CanLII 43991 (ON SCDC), (2003), 66 O.R. (3d) 370 (Div.

Acted for Grassy Narrows First Nation in the 70 day trial on the proper interpretation of Treaty 3 taking up clause and in the Ontario Court of Appeal.

Aboriginal law: In 2005, the Grassy Narrows First Nation launched an action against Ontario after it issued a licence enabling Abitibi - Consolidated Inc. to clear - cut an area of land.

The land in question falls under the 1873 Ojibway Treaty 3, which contains a «harvesting clause» that gives Grassy Narrows rights to hunt and fish, except on land «required or taken up [by Canada] for... lumbering or other purposes.»

In 2005, the Grassy Narrows First Nation commenced an action to set aside approvals Ontario had granted to Abitibi - Consolidated Inc. to carry out forestry operations in the Keewatin lands governed by Treaty 3.

But even with this restriction, there should be considerable opportunity to argue that international law might inform such matters as: the content of the duty to consult, the significance of the right to culture, the respect that should be accorded to indigenous conceptions of property, and the question of what might constitute an unjustifiable infringement of an aboriginal right or title or a treaty right: see my post on the Supreme Court's Grassy Narrows decision here.

Not exact matches

Think plump grassy hills, a willow tunnel, logs for leaping, stunning tree groves and even a runnel (narrow channel in the ground from which water flows).

In addition, a number of key developmental regulators were expressed at higher levels in bsl1 - 1 mutants, including orthologs of classical genes from maize that specify AM identity and determinacy (e.g., bd1 [Chuck et al., 2002] and ramosa1 [Vollbrecht et al., 2005]-RRB-, that pattern lateral organ development (e.g., narrow sheath1 [Scanlon et al., 1996] and yabby10 [Juarez et al., 2004]-RRB-, and those implicated in carpel repression in maize tassels (e.g., grassy tillers1 [Whipple et al., 2011], tasselseed 1 [Acosta et al., 2009], and tasselseed 2 [Irish and Nelson, 1993]-RRB-(Table 2).

a: arrows point to one of several thin, orange pumice lapilli lenses typical of those found throughout the MV - 7 stratum containing the archaeological horizons; b: ventral side of a percussion flaked tool embedded in a 2 cm thick tephra lens located on an uneroded, elevated surface between narrow drainage channels in stratum MV - 7, Unit 56 (see Fig 6b for a close - up of the dorsal side of the flake); c: typical micro-setting where thin orange lenses form during the summer months in shallow humid grassy areas at Monte Verde.

There are hundreds of cars here, arranged in several rows inside long, narrow tents erected side by side in a short - cut grassy field at Scottsdale's Talking Stick resort.

Hiking in Bali guides adventurers on 20 charming hikes along narrow mountain footpaths, remote roads, grassy headlands and Amed's only long beach.

A narrow grassy garden extends from the road to the sea, and here a neat row of cute wooden bungalows runs down to a weeny oceanfront infinity swimming pool, a glorious spot for sunset views.

Hiking in Amed guides adventurers on 20 charming hikes along narrow mountain footpaths, remote roads, grassy headlands, and Amed's only long beach.

This narrow drive path snakes through some charming quaint homes on the left, and then takes visitors to a large grassy region that few tourists ever reach up to.

A narrow strip of sand erupts from the grassy shore and slopes down to the water.

Winding along the volcanic coastline, you'll cross a narrow rocky bridge, pass the remains of an ancient temple, and walk through an overgrown grassy area to more ancient remains from an old village.

Similarly, there are many areas of Bound where the player is simply running across grassy clifftops, shuffling along ledges, or delicately navigating narrow beams — no real interaction aside from the walking, but with just enough audiovisual stimulation to keep it refreshing.