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eBook details

• Title: How Final is "Final"? (Aboriginal Law)
• Author : LawNow
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

The Doctrine The Supreme Court of Canada in 2005 established that the honour of the Crown obliges government to consult and, where appropriate, accommodate Aboriginal concerns where a development proposal adversely affects a treaty right. This is so even though the land in question has been surrendered by the treaty. In Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) 2005 SCC 69, Treaty 8 of 1899 gave the Indian signatories the "right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered," though tracts could be "taken up" for settlement, mining, etc. Taking up, the Court held, in the face of the residual rights, may not occur without specific, targeted consultation with the First Nation affected, because of its adverse effect on the treaty rights. This is required by the "fundamental objective" of reconciliation with Aboriginal peoples.

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