Agreements are also a useful tool, either at a regional level or between
specific claimant groups and other stakeholders, in overcoming the almost insurmountable difficulties of proving the elements of a native title claim to a court.
Not exact matches
We are also familiar with the myriad of cost sharing agreements and client constitution arrangements that bind
group litigation, which may be especially complex where
claimants have different preliminary challenges to their
specific claims.
Constitutional / Aboriginal Law: s. 15 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518) To establish a prima facie violation of s. 15 (1), a
claimant must demonstrate the law at issue has a disproportionate effect on the
claimant based on membership in an enumerated or analogous
group; and the
specific evidence required will vary depending on the context of the claim, but «evidence that goes to establishing a
claimant's historical position of disadvantage» will be relevant.
That is, without the
specific rights and interests of the Euahlayi native title
claimant group being known, it is difficult to discuss specifically how extinguishment will diminish the exercise and enjoyment of the
claimants» culture.