Sentences with phrase «evidentiary difficulties»

In previous Native Title Reports of the Aboriginal and Torres Strait Islander Social Justice Commissioner (the 200220 and 200521 reports) reference has been made to the significant evidentiary difficulties faced by Indigenous peoples seeking to establish the elements of the definition of native title in Section 223 of the Native Title Act.

In this context, real evidentiary difficulties arise for Indigenous applicants seeking recognition of native title.

[124] In addition to the evidentiary difficulties of proving the elements of native title [125] Justice O'Loughlin in De Rose deals at some length with the evidentiary problems that are seen as peculiar to native title claims, particularly in what is normally regarded as hearsay evidence.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

This evidentiary difficulty is exacerbated by the Federal Court's rules of evidence which devalue Indigenous evidence based on oral traditions because it is «hearsay».

Not exact matches

Although the Court expressed difficulty in summarily deciding the matter based on the evidentiary record before it, the Court agreed that the causation issue was severable from other liability issues and determinative of the matter.