Sentences with phrase «expropriate indigenous»

Most importantly it does not create, as the Court in the Tsilhqot» in Nation case pretends, a judicial discretion to expropriate the indigenous constitutional interest.

Section 35 of the Constitution Act, 1982, does not, as held by the Court, give to the courts the jurisdiction to expropriate indigenous sovereignty in contravention of the previously settled constitutional law.

The Court held that section 35 of the Constitution Act, 1982, and its own recent decisions discussing that section, has vested in the non-native courts the jurisdiction to expropriate indigenous sovereignty in the public interest, as an alternative to a constitutional amendment.

``... the constitutional law of Indigenous territorial sovereignty is ignored by the decision of the Supreme Court of Canada... The court held that section 35 of the Constitution Act, 1982, and its own recent decisions discussing that section, has vested in the non-native courts the jurisdiction to expropriate indigenous sovereignty in the public interest...»

Not exact matches

The effect of the foregoing aspects of law in Australia applying to land generally (that is, land not held under native title by indigenous people) is that such title or ownership is not treated as extinguished (or expropriated, or acquired, or destroyed) unless that is, effectively, the only possibility.