The arrest of Wet’suwet’en and their supporters opposed to the Coastal GasLink pipeline is just the latest episode in a long story. Settlers have been taking Indigenous land — often without consent — since the moment Europeans set foot in North America. This has to stop.
But can this taking even be justified under Canadian law? In the 2004 Haida Nation case, the Supreme Court distinguished situations where Aboriginal title has been established by a court case or agreement from situations where it has not. Although the Haida had not yet established their title, B.C. still had to consult them before granting forestry licences on Haida Gwaii. But Haida consent was not necessary, as long as adequate consultation and appropriate accommodation took place.
The test for justifiable infringement was created by the Supreme Court in Sparrow in 1990. The government first has to prove a compelling and substantial legislative objective for the infringement. If it gets over that hurdle, it has to demonstrate that it consulted with the titleholders, is infringing their rights as little as possible in the circumstances, and has offered compensation.
What if adequate consultation with the hereditary chiefs takes place and they still refuse to consent to the pipeline? As a matter of Canadian law, construction can go ahead because they don’t have a veto. But in all likelihood, the pipeline will cross lands to which the Wet’suwet’en do have title, which the pipeline will have infringed. What then? In Tsilhqot’in Nation, the court said consent should be sought before any infringement of Aboriginal title.
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Morning Update: Queen’s fires coach after his U of Guelph remarks; Democratic debate highlightsAlso: The latest on the anti-pipeline protests and rail blockades Did Queen’s forget about their own policies on freedom of expression? VIA_Rail MikeBloomberg Of course with the blockades on the go, would Ottawa warm Alberta about their emissions. What a joke. Nows not the time.
Source: globeandmail - 🏆 5. / 92 Read more »
Opinion: The rule of law is about more than rules, or lawThe rule of law does not consist only in legal texts or the courts and police that apply it. It is as much made up of the willingness of members of the public to abide by it GlobeDebate Gobbly goop from Left Wing Propaganda News, funded by Liberal Party. Laws are written to protect property and people. The grey areas go to higher court. But RCMP are & can be directed by Government to clear tracks. Stop all FN payments to fake eco terrorists. TrudeauMustGo GlobeDebate Journalists weaken a democracy when they fail to properly frame & communicate the rule of law. Your dismissive description below is not realistic. “The vulnerability of Canadian infrastructure to activist hijacking MAY BE ANNOYING and it may be frustrating, but it is a reality” GlobeDebate .acoyne states 'Neither group was strictly speaking acting either inside or outside the law' b/c there was no court order restraining them from acting. The “Cuzzins for Wet’suwet’en” acted outside the law by trespassing on a railway. Absence of a restraining order is irrelevant
Source: globeandmail - 🏆 5. / 92 Read more »
‘That’s not the way of our ancestors’: Wet’suwet’en matriarch speaks out about pipeline conflictWet’suwet’en hereditary subchief Rita George says matriarchs are sickened by the ongoing pipeline conflict that has sparked rail blockades across the country A strong minded Wet’suwet’en matriarch with common sense addressing the pipeline protest. She has spoken more truthful then the fumbling apologetic Liberal Trudeau gang. [clap, clap, clap] Lauren99911214 This starts to answer some of the questions we have been discussing. What a strong brave lady to speak up this way. She is someone to respect.
Source: globeandmail - 🏆 5. / 92 Read more »
Ontario Court set to rule on constitutionality of Canada’s prostitution lawsHamad Anwar and Tiffany Harvey launched a constitutional challenge in 2017, arguing that they were charged under laws that violate sex workers’ Charter rights to safety and freedom of expression Here in Alberta, prostitution is not only legal, but encouraged. The untaxed nature of the industry means less money being sent back to the leeches in Ottawa. RESIGN! The current law PCEPA is worse than the laws struck down in the Bedford Decision. It's contributed to the risks & harms endured by people doing sex work. We must be able to work in groups/agencies/massage parlours etc. It prevents safer work spaces. Stop isolating sex workers.
Source: globeandmail - 🏆 5. / 92 Read more »
Judge rules sections of Canada's prostitution laws are unconstitutional in landmark caseA Kitchener judge has ruled that Canada's prostitution law violates the constitution in a landmark case surrounding a London couple.
Source: CTVNews - 🏆 1. / 99 Read more »
Escort agency owners welcome Ontario court ruling on constitutional challenge to prostitution lawsFantasy World Escorts owners successfully argued that they were charged under laws that violate sex workers’ Charter rights to safety and freedom of expression This is a image of the Supreme Court of Canada. Just sayin'
Source: globeandmail - 🏆 5. / 92 Read more »