Saturday, June 28, 2014

Supreme Court B.C. land-claim ruling has staggering implications for Canadian resource projects

Brian Hutchinson
National Post
June 26th, 2014
(Link)

"Thursday’s decision establishes conditions aboriginal groups must meet to press collective rights on territories outside their settlements or formal treaty boundaries.

"Written by Chief Justice Beverley McLachlin, the unanimous ruling says that aboriginal title “flows from occupation in the sense of regular and exclusive use of land … Occupation sufficient to ground aboriginal title is not confined to specific sites of settlement, but extends to tracts of land that were regularly used for hunting, fishing or otherwise exploiting resources and over which the group exercised effective control at the time of assertion of European sovereignty.”

"It means that economic development proposed by non-aboriginals — such as resource extraction and pipeline activity — requires explicit consent from host First Nations on land where the Supreme Court’s expanded concept of land title is established."


  Nemaiah Lake, in the claim area

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