"Rather, a culturally sensitive approach suggests that regular use of territories for hunting, fishing, trapping and foraging is 'sufficient' use to ground Aboriginal title, provided that such use, on the facts of a particular case, evinces an intention on the part of the Aboriginal group to hold or possess the land in a manner comparable to what would be required to establish title at common law."
Supreme Court grants aboriginal land claims
the present day. appellate judges. It also explained in greater detain than in past cases how judges and negotiators should in the future marry the differing perspectives of Aboriginal and common laws.
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Original source article:Supreme Court grants aboriginal land claims
"Government incursions not consented to by the title holding group must be undertaken in accordance with the Crown's procedural duty to consult and must also be justified on the basis of a compelling and substantial public interest, and must be consistent with the Crown's fiduciary duty to the Aboriginal group," the chief justice stated in her ruling.
Future economic activity on title lands, involving anything from mines and logging to pipelines and hydroelectric projects, will require the "consent" of title holding First Nations.
The case involved provincial forestry licenses that were granted in the claimed territory.
To be known for generations to come as the William case, after plaintiff Roger William, the decision confirmed for the first time any where in Canada a title claim.
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The judgment, because it was dealing with a semi nomadic people who only seasonally occupied many parts of the claimed territory, established a less onerous test to establish title. it was 1846 to Reebok Answer 1 On Feet
But the court also said the Crown can justify "infringement" of that title, when consent is absent, under specific circumstances.
The wording is crucial to the future of projects like Enbridge's proposed Northern Gateway oilsands pipeline, which runs through claimed though not established as being title lands in court or through negotiations traditional territory of numerous First Nations. or Alberta who want to file a land claim on territory along the Gateway route, and hope to obtain an injunction preventing construction while that claim is heard.
Business groups have warned of "havoc" if the 2007 ruling prevailed, while First Nations said endorsement of the 2012 view would have made a mockery of the notion of Aboriginal title.
"Aboriginal title confers the right to use and control the land and to reap the benefits flowing from it," Justice Beverley McLachlin ruled in the 8 0 decision. Court of Appeal in 2012.
Justice McLachlin found that the province which argued that the licenses should be granted due to economic need as well as because of the requirement to attack the Mountain Pine Beetle infestation hadn't met the "compelling and substantial" test.
The Tsilhqot'in First Nation is made up of six Indian Act bands. The trial, which began in 2002, lasted 339 days and included a visit by Judge Vickers to the claimed territory.
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