Fossil fuel development undermines the protection of
public lands for future generations and the conservation of species, habitat, and ecological values to which the lands have been consecrated.
Is the right to urban
land, housing, environmental sanitation, the urban infrastructure, transport and
public services, work and leisure,
for current and
future generations.
The answer is yes, unless of course the Crown: engages in the high level of consultation and accommodation required
for proven Aboriginal title; demonstrates a substantial and compelling legislative objective that furthers the goals of reconciliation from both the Aboriginal and broader
public perspective; demonstrates that
future generations of the community holding Aboriginal title will not be substantially deprived of the benefit of the
land; and, shows that the incursion is necessary to achieve the government goals, has a minimal impairment and does not ask the Aboriginal title holders to bear disproportionate adverse impact.