Sentences with phrase «land claims case»

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.

He recently represented the Indigenous Bar Association when it participated as an intervener before the Supreme Court of Canada in the Tsilhqot» in Nation v. British Columbia land claim case.

[native title and land claim cases require] Aboriginal witnesses to demonstrate their traditional connections to Aboriginal land.

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 Kaska.

If Gender Mattered: A Case Study of Inuit Women, Land Claims and the Voisey's Bay Nickel Project: http://publications.gc.ca/collections/Collection/SW21-39-1999E.pdf

If Gender Mattered: A Case Study of Inuit Women, Land Claims and the Voisey's Bay Nickel Project:

But, SCOTUS has made the claim that they can not overturn Korematsu because nobody has presented an equivalent legal case to them and as a result it remains the law of the land, odious though it may be.

They can't comment on the individual cases raised, but point out that a crucial question will be whether the councils concerned have the five year land supply to meet their housing need - which councils are require to have under the National Planning Policy Framework which together with its presumption in favour of sustainable development the National Trust, of which Jenkins is Chairman, apparently supported, along with the CPRE (claims my source, who also disputes Hastings's figures on the amount of land built on in any way).

In arriving at the decision, Justice Saidu relied on the recent Court of Appeal decision in the case of LASWA & Ors vs. NIWA & Ors, adding that the Plaintiffs failed to establish the identity of the land claimed.

The case is often referred to as Oneida I because it is the first of three times the Oneida Indian Nation reached the Supreme Court in litigating its land rights claims.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

He supports the review and potential revocation of land claim settlements awarded to Iroquois tribes in court cases.

«Today, my signature on these surveyed maps clears the way for the affected property owners to be free of the state's claim to lands that in many cases have been privately occupied for more than a century,» said state Department of Environmental Conservation Commissioner Basil Seggos in a statement.

The team spent years preparing its case to establish the community's legal claims to the land, including a geographical study of Agua Caliente and the land's chain of ownership.

In fact, they not only suffer from the consequences of drought or desertification, but also from the fact that in most cases women do not have rights to land,» she says, before sharing some experiences from Africa where plots of degraded land were restored, but because women did not have rights to the land, they could not stake their claim.

A salted mining claim has gold only showing up in a very, very small section of the land (or in many cases just the assay samples).

It should be no great surprise to regular TreeHugger readers that one of the big issues with Indonesia and Malaysia converting more and more land to palm oil plantations and claiming that the biodiesel produced is carbon neutral, is in fact that it's far from the case.

Edward's recent experience includes dealing with property other than land in England, including disputes concerning a luxury yacht, and also with foreign real property and conflicts of laws issues, including a claim in connection with a purported sale of a group of Balinese islands, and a case concerning the declaration of trusts pursuant to English law over French land.

The Tsilhqot» in case arose out of the BC government granting a commercial logging licence on land claimed by Tsilhqot» in Nation.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

No matter what type of abuse or neglect your claim entails, our Pasco County Nursing Home & ALF Elder Neglect Attorneys at Whittel & Melton have the staff, legal resources and experience to handle your case in New Port Richey, Dade City, Zephyrhills, Land O'Lakes, Hudson, Holiday, Lutz, Trinity and Wesley Chapel.

In the past, government - owned lands could be claimed by homesteaders, but that is no longer the case.

[1] The issue in this case is whether the British Columbia Minister of Forests, Lands and Natural Resource Operations («Minister») erred in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection... [more]

Tried to a jury verdict a case involving claims by holders of an oil and gas interest in undeveloped lands claiming loss of an opportunity for development of leasehold.

In the case of Best v Chief Land Registration [2015] EWCA Civ 17 (read our blog here) the Court of Appeal held that the fact that squatting is now a criminal offence did not prevent a claim for adverse possession of registered lLand Registration [2015] EWCA Civ 17 (read our blog here) the Court of Appeal held that the fact that squatting is now a criminal offence did not prevent a claim for adverse possession of registered landland.

Litigation of title, ownership, boundary, easement, and restrictive covenant disputes; adverse possession claims; challenges to condominium development schemes involving phasing, land withdrawal, and affordable housing issues; and condominium construction defect cases.

This 2013 New Brunswick case is an example of an injured driver of a snowmobile successfully claiming damages against a property owner who had created a hazard on the snowmobile trail that crossed its lands.

She has handled numerous cases arising in the financial services industry and involving private equity, mutual funds, middle - and back office service providers, investment advisors, and broker - dealers, and she also has substantial experience litigating professional malpractice, real estate and land use, and copyright, trademark, and trade secret claims.

Business Litigation Group lawyer John F. X. Peloso Jr. and Real Estate + Development Group lawyers Karla L. Chaffee and Evan J. Seeman were panelists for the webinar «RLUIPA Land Use Claims — Latest Litigation Trends and Key Case Law Developments,» presented on February 22, 2017.

The case concerns the applicant's claim for payment of a broker's commission by the respondent for the sale of a plot of land.

[114] It seems clear from the historical record and the record in this case that in this evolving context, the British Columbia legislature proceeded on the basis that lands under claim remain «Crown land» under the Forest Act, at least until Aboriginal title is recognized by a court or an agreement.

We have worked on cases that are important to individuals and communities in Nunavut, such as land claims and the Residential Schools Class Action.

Aboriginal Title in British Columbia: Tsilhqot «in Nation v. British ColumbiaA very readable case study that examines previous court decisions about the status of Tsilhqot «in Nation Aboriginal rights and land title claims in British Columbia.

The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga'a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga'a people self - government.

[1] The issue in this case is whether the British Columbia Minister of Forests, Lands and Natural Resource Operations («Minister») erred in approving a ski resort development, despite claims by the Ktunaxa that the development would breach their constitutional right to freedom of religion and to protection of Aboriginal interests under s. 35 of the Constitution Act, 1982.

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.)

By: Nigel Bankes PDF Version: Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014... Continue reading →

Led by founding partner Leonard Kesten, BHPK has represented dozens of municipalities in the Commonwealth in hundreds of cases involving civil rights claims, land use issues, and personal injury cases.

(2) This section shall be construed as affording in all cases a right to compensation for injurious affection to land which is the same as the right which section 68 of the Lands Clauses Consolidation Act 1845 has been construed as affording in cases where the amount claimed exceeds fifty pounds...»

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; — to all cases affecting ambassadors, other public ministers and consuls; — to all cases of admiralty and maritime jurisdiction; — to controversies to which the United States shall be a party; — to controversies between two or more states; — between a state and citizens of another state; — between citizens of different states; — between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

(3) Cases reaching the SCC are suits brought by one or another of the handful of First Nations which hold a «modern land claim agreement» with Canada and with a Province.

Will my family get the claim amount, in case something happens to me on the foreign land?

This may be the time to worry the most about identity theft, since dismissing persistent calls from a collection agency (whether the claims are true or false) could wind up landing you in court, where disputing a case of stolen or misappropriated identity becomes more challenging than before.

Such matters included auto repair and towing disputes, insurance claims involving tort and contract matters, debt collection cases, civil and criminal domestic violence cases, neighborhood land disputes, and property disputes between neighbors.

The Miriuwung Gajerrong appeal is the first native title case to be heard by the High Court in which the question of extinguishment arises in the context of a claim where traditional laws and customs have been clearly established and the traditional connection to the land is ongoing.

In the case of one of the land councils, they have decided, «Well, we will anticipate future issues and we will broaden up the claim area so you do not have to claim again when another polygon is put out on notice within the vicinity.»

Native title may also exist in respect of land acquired by claim lodged under the ALRA before 28 November 1994, but in this case any native title rights and interests are subject to the rights of the Land Counland acquired by claim lodged under the ALRA before 28 November 1994, but in this case any native title rights and interests are subject to the rights of the Land CounLand Council.

In characterising the inter-tidal zone, the courts followed the majority reasoning in the Full Court judgment of Risk.66 In that case, the issue was whether the seabed of bays and gulfs beyond the low water mark could be the subject of a claim under the ALRA; that is, whether it was classified as «land in the Northern Territory».67 The majority judgment in Risk concluded that it was not.

The recognition of native title in 1992 as a pre-existing right means that, with every native title case, the court is required to insert into the history of land tenures affecting the claim area from sovereignty to the date of the claim a new element; native title.

Such negotiated settlements have covered matters such as gaming on Indian reserves, child welfare, and in the case of Alaska, major Aboriginal title and land claim issues.