DGR is hard at work educating and training revolutionaries, providing legal support, coordinating public outreach, creating and sharing security protocols, and taking part in campaigns and direct action.

Can a people ever truly own their land if they have to ask an occupying court to recognize their claims to land? Exclusivity of Occupation: As with sufficiency, the exclusivity requirement should be viewed from both common law and Aboriginal perspectives, taking the context and characteristics of the Aboriginal society into account. Applying the test set out in Delgamuukw, three characteristics of “occupation” must be proven: it must be sufficient, it must be continuous, and it must be exclusive. In the end, the trial judge dismissed the claim for Aboriginal title due to a technical problem with the pleadings.

Traditional rights associated with “fee simple” are the ones mentioned in the quote above. (¶ 87), Another glimpse at the Enbridge’s Northern Gateway website (http://www.gatewayfacts.ca/benefits/economic-benefits/) demonstrates how Enbridge anticipates the Court’s ruling. Another key element is that unlike land held in fee simple, which is generally transferrable, Aboriginal title lands may only be transferred to the Crown. Whether a particular measure or government act can be explained by reference to one of those objectives, however, is ultimately a question of fact that will have to be examined on a case-by-case basis."4. Paul Coe, in Coe …

h޴V{O�0�*����Ʃ4!q��yM删ҽvW����N.m6�6Ei۱��g;:c�ḯVLˤd�0�㒳� !����L���I�S)�)*��!�]��b��d����������H|��I:�z�����\�m������_�,�r����O��Mnz������*��vo:zH�bTw'�(Γ�ʎ�q��5������j:��A{��y��~9_T{OŜ��u���9r\��G�����̐-�\N�&�p�`�N�ŅdP>TO�[i��Y�����2ah��Z�n�e��औRnrG5&st����'����J,��i^��Ц������͛"A��M$h�D§����8~������]�+\�B�\@F� �� �ڈ�h �. The longer this system remains intact, the longer First Nations communities will be in danger. Most commentators have treated this decision as a zero-sum outcome, with indigenous groups as the winners and non-Aboriginal governments and businesses as the losers. More certainty is precisely what this ruling has provided, by clarifying the duties of the Crown where it or third parties want to use Aboriginal title lands.

http://www.gatewayfacts.ca/benefits/economic-benefits/. Aboriginal title is similar to fee simple in that it confers exclusive use and occupation of the land. Finally, and importantly, the Court clarified the nature of Aboriginal title. The SCC overturned the Court of Appeal’s prior ruling that proof of Aboriginal title requires intensive use of definite tracts of land and it also granted a declaration that British Columbia breached its duty to consult the Tsilhqot’in with regard to its forestry authorizations.

This decision can facilitate cooperation in the modern treaty process and has done so.

The judgment includes a number of significant findings outlined below.

The required level of consultation and accommodation is greatest where title has been established.” (¶ 79). Government and other groups may infringe on Aboriginal title – or use Aboriginal lands against the wishes of aboriginal peoples – on the basis of the broader public good if it “shows (1) that it discharged its duty to consult and accommodate, (2) that its actions were backed by a compelling and substantial objective, and (3) that the governmental action is consistent with the Crown’s fiduciary obligation to the group.” (¶ 77), The Court predicates the duty to consult on what it calls the “honour of the Crown” and says that the “reason d’etre” of the duty to consult is the “process of reconciling Aboriginal interests with the broader interests of society as a whole.” (¶77 and 82), It sets up a sliding scale for adjudicating just how hard the government or other groups must try to consult Aboriginal groups. Blockades and occupations occur where indigenous and nonindigenous notions of appropriate, legal land use diverge dramatically.

The Court also declared that British Columbia had breached its duty to consult with the Tsilhqot'in in connection with the various authorizations it issued to third parties under the Forestry Act. 73). However, existing legal principles from Tsilhqot’in and other Aboriginal law cases provide a roadmap for resolving conflicts between Aboriginal title and private property.

It also provides the group holding title with the rights to decide land usage and to benefit economically from its use. What does it mean, for example, that the Tsilhqot’in had to ask the courts to give them a right to land that they have lived on for thousands of years?

Aboriginal title one year after Tsilhqot’in.

%PDF-1.5 %���� To undermine colonialism, we must understand the processes making colonialism possible.

The Tsilhqot’in Nation are a semi-nomadic Aboriginal collective comprising individuals and families from Xeni Gwet’in (Nemiah), Tl’esqox (Toosey), Tsi Del Del (Redstone), Tletinqox-t’in (Anaham), ?Esdilagh (Alexandria), Yunesit’in (Stone) and the Ulkatcho First Nation. If a First Nation withholds consent and the Crown decides to proceed, it can override Aboriginal title. Moreover, the Court found that Aboriginal title covers all lands over which the First Nation historically exercised control — lands used for hunting and fishing, for example.

So, once Aboriginal title is established, Aboriginal groups can only sell or give their land back to the Crown.

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Is compensation required for past activities once title is proven? Montreal, Quebec OURS.”. I do not think it is a stretch to expect that Canadian courts will rule that Aboriginal groups denying projects like the Northern Gateway are working contrary to their own best interests.

by Will Falk In 2014, the Supreme Court of Canada handed down a decision in the case of Tsilhqot'in Nation vs. British Columbia that is intended to clarify Aboriginal title in Canada. When celebrating what we view as a “good” decision by an imperial court it is easy to forget that the goal is to dismantle the power that gives the court its authority.

But in many respects the decision simply adopts and applies existing jurisprudence and does not represent a substantial change in the law of Aboriginal title. In a 2001 Ontario case called Chippewas of Sarnia Band v. Canada, the court decided that although it “would plainly be wrong” to deny a claim to Aboriginal title on the grounds that it might be troublesome to others, innocent third parties are entitled to rely on seemingly valid acts of their government.

any forestry activity in the area unjustifiably infringed the existing Aboriginal rights. The problem, of course, is that it is the courts that decide what is in an Aboriginal groups best interest.

The Supreme Court of Canada issued a ground-breaking declaration of Aboriginal title on June 26, 2014. This issue is not addressed by the Court in this decision, but it is one of the most significant questions that remain unanswered at this time. In considering this perspective for the purpose of Aboriginal title, the court “must take into account the group’s size, manner of life, material resources, and technological abilities, and the character of the lands claimed.” (¶ 35), The common law perspective comes from the European tradition of property law and requires Aboriginal groups to prove they possessed and controlled the lands in question. This means it cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it. The Indian Act regime is not built to provide community members with tools to hold their political leadership in check.

In 1989, Chief Roger William of the Xeni Gwet’in First Nation Government brought a claim on behalf of all members of the Tsilhqot’in Nation asserting Aboriginal title to the entirety of two tracts of land, Tachelach'ed and the Trapline Territory (collectively, the “Claim Area”).

Sufficiency – Sufficiency examines the degree of land use prior to the assertion of European sovereignty.

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