While the Nazi government in the mid-20th century focused primarily on ethnicity and some sort of natural homeland for a German nation, thus
justifying incursions into Danzig, Bohemia, etc., the Russians are focusing more legalistically (or imperialistically?)
But look a little closer at each of these requirements and it becomes clear that in Tsilhqot» in the SCC has left much less room for the Crown to
justify its incursion on Aboriginal title land in the absence of consent.
Tsilhqot» in does, however, recognize that in the absence of consent the government could
justify its incursion on Aboriginal title land under s. 35 of the Constitution Act, 1982.
Not exact matches
France's foreign minister said Turkey's concerns for its border security did not
justify «the deep
incursion of Turkish troops in the Afrin zone», which could also weaken international action against remaining Islamic State fighters in Syria.
[2] Once Aboriginal title is established, s. 35 of the Constitution Act, 1982 permits
incursions on it only with the consent of the Aboriginal group or if they are
justified by a compelling and substantial public purpose and are not inconsistent with the Crown's fiduciary duty to the Aboriginal group;
Interestingly, the test for justification of
incursions on Aboriginal title set out at para 87 is very similar to the test used to
justify infringements of Charter rights under s 1.
[11] In my view, unless and until the intention to rely upon a particular expert in a particular field is declared by delivery of a report in accordance with the timelines established by the Rules, in the absence of a compelling reason an early
incursion into this aspect of the solicitor's brief will not be
justified.