Sentences with phrase «aboriginal claims in»

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 KaskIn 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 Kaskin this case to an area known as the Kaska.

If aboriginal people in this region are ever to progress at the rate expected by politicians and others it is essential that they have the ability to be both economocally and culturally «independent» of those who claim to know best how to address the issues but really have no prolonged on the ground experience.

Third, he criticizes the Liberals for pursuing their progressive trade policies in these talks: «Did anyone really think that the Liberals could somehow force the Trump administration into enacting their agenda — union power, climate change, aboriginal claims, gender issues?

Neither is there any mention of the rights of aboriginal communities with claims to the land in question.

Indeed, their paranoid fascination with the fossil record (which includes, almost, surreally, a «creation museum» in Cleveland, Ohio where one can see biblical children playing with dinosaurs) Hell, American Indians, Australian Aboriginals, «true» Indians, Chinese, Mongols, Ja.panese, Sub-Saharan Africans and the Celts and other tribes of ancient Europe were speaking thousands of different languages thousands of years before the date creationist say the Tower of Babel occurred — and even well before the date they claim for the Garden of Eden!!!

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.

Standards like this one ensure adequate quantification and proper ownership rights, particularly in relation to aboriginal land claims.

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.

Sovereignty, self - government, aboriginal title that has not been ceded, unresolved specific claims, legislative authorities, human rights and institutional racism are just a few of the topics, which, raised in the wrong context, can side track the discussion and the consultation.

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.

In Monture v. Director, MOE (Monture 1), [v] a Six Nations appellant tried to use the same issues plus aboriginal rights and claims to block the Summerhaven wind project REA.

The Specific Claims Tribunal has considerable historical and legal expertise in aboriginal claims, is mindful of First Nations perspectives and the need for reconciliation, and has been mandated by Parliament to adjudicate specific cClaims Tribunal has considerable historical and legal expertise in aboriginal claims, is mindful of First Nations perspectives and the need for reconciliation, and has been mandated by Parliament to adjudicate specific cclaims, is mindful of First Nations perspectives and the need for reconciliation, and has been mandated by Parliament to adjudicate specific claimsclaims.

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.

That said, to the extent that an aboriginal title claim is based on the property laws of a pre-existing legal system (as acknowledged in both Delgamuukw, [1997] 3 SCR 1010 and Tsilhqot» in, 2014 SCC 44) then it does have aspects of a claim in public law.

Some forty or so years ago the Lubicon Lake Band and Chief Bernard Ominayak commenced an action for aboriginal title, and, in the alternative, a treaty reserve entitlement claim.

Beyond merely acknowledging the existence of the Mi» kmaq treaty right to a «limited» commercial fishery, the Marshall decision reaffirms a commitment by the Court, articulated previously in cases such as Sparrow, Van der Peet, Badger and Delgamuukw, to look to the aboriginal perspective when interpreting historically based claims by a First Nation against the Crown.

Like Sparrow, the decision in R. v. Van der Peet, addressed the appellant's claim to an aboriginal right to fish.

What of the Chief Justice's caution in Van der Peet: «Courts considering a claim to the existence of an aboriginal right must focus specifically on the practices, customs and traditions of the particular aboriginal group claiming the right»?

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..

«In the mining industry, it's going to open the door to more claims about aboriginal title... and it will probably shift the balance of power in the negotiations in existing claims between First Nations and the CrowIn the mining industry, it's going to open the door to more claims about aboriginal title... and it will probably shift the balance of power in the negotiations in existing claims between First Nations and the Crowin the negotiations in existing claims between First Nations and the Crowin existing claims between First Nations and the Crown.

Admittedly, progress is slow in resolving aboriginal claims, but the reality is that the courts are the only institution with the respect necessary to decide the major issues in aboriginal rights and title claims.

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.

Lawyers specializing in both mining and aboriginal law expect a raft of new cases to test the limits of aboriginal title in the wake of the Supreme Court of Canada's June 26 Tsilhqot» in Nation v. British Columbia ruling — the Tahltan First Nations in northern British Columbia jumped right in with a title claim that it launched hours after Tsilhqot» in came in.

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 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.