, saying they apply also to non-citizens who do not live in Canada but can show that their ancestors had ties to the land when Europeans arrived.
Behind the decade-long legal fight that culminated in Friday’s ruling is the story of a people declared extinct by the Canadian government in 1956, but still seeking, from beyond Canada’s borders, to re-establish rights connected to their ancestral lands. The group has been known as the Sinixt, or Lakes or Arrow Lakes people.
The B.C. government argued, among other things, that Mr. Desautel could not have a constitutional right to hunt in Canada when he did not have a constitutional right to enter the country. The federal government, and several provinces that share land borders with the United States, raised concerns about the duty to consult and other implications of granting non-resident, non-citizens constitutional protections under Section 35.
Key phrase 'with ties to the land'. As it should be
Interesting court decision. Will the genie return to the bottle? I will read the decision to see whether jurisprudence from other countries was relied upon to persuade the SCC that the result would be sustainable in the long run without causing the legal system to collapse
So ridiculous every place on earth has seen the rise & fall of kingdoms and empires and adjust to new rulers & powers. Only here we are dragging out this 200 year old pity party. Everyone live by the same laws & regulations in the country they currently live in!
Really Good ruling. I saw one report - may be a year before- about those indigenous people separated in their birth but living in distant land like Britain- reported by you. Very pathetic. Now at last light at the end of the tunnel.
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