How cool is that!
The concept of aboriginal title was first described in the 1997 Supreme Court of Canada (SCC) ruling generally known as Delgamuukw v British Columbia, [1997 3 SCR 1010]. The actual effect of Delgamuukw was to order a new trial because of evidenciary issues in the original trial. As a consequence, while Delgamuukw did describe the concept of aboriginal title, it did not create precedence.
In 2014, the SCC found itself again faced with a case dealing with aboriginal title. In this case, Tsilhqot’in Nation v. British Columbia [2014 2 SCR 257], the court issued a ruling that firmly established the concept of aboriginal title in Canadian law.
The Delgamuukw ruling:
A Wikipedia article on Delgamuukw v British Columbia:
The Tsilhqot’in ruling:
An analysis ofTsilhqot’in by LawNow:
As I am most definitely not a lawyer, I strongly advise that you read the Delgamuukw Wikipedia article and the LawNow analysis of Tsilhqot’in, or the rulings themselves before forming any conclusions based on what I have typed above. -Danny
A Wikipedia article discussing the Canadian constitutional-grade obligation on the Crown to consult and accommodate on matters that may affect an Aboriginal person’s Aboriginal or Treaty rights.
I’m not sure just how much a Canadian court can do to fix the Facebook privacy trainwreck but somebody has to try.
While it has a ways to go to catch up to the fossil fuels energy industry*, green energy is gradually becoming an important part of our economy.
* note that the article is comparing green energy jobs to jobs in the oil sands. Needless to say, there is rather more to the fossil fuel industry than just the Alberta oil sands.
I’m uncomfortable with the idea that the courts will decide how our elections work. On the other hand, there’s a clear conflict of interest with having our elected representatives decide how they will get re-elected in the future.
At the very least, this court case should be interesting to follow.
An April 2019 Globe and Mail feature about the impact of Viola Desmond’s refusal, on November 8, 1946, to move to the balcony in the Roseland Theatre in New Glasgow, Nova Scotia.