Supreme Court ruling grants constitutional rights for Indigenous peoples outside Canada with ties to the land

  • 📰 globeandmail
  • ⏱ Reading Time:
  • 39 sec. here
  • 2 min. at publisher
  • 📊 Quality Score:
  • News: 19%
  • Publisher: 92%

Law Law Headlines News

Law Law Latest News,Law Law Headlines

Judgment opens the door to the possibility that Indigenous people who are not citizens and live outside of Canada could claim title to lands in Canada, a right to enter Canada and a right to be consulted during development projects

, 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.

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.

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.

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:

 /  🏆 5. in LAW

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Supreme Court affirms American Indigenous man’s right to hunt in B.C.The decision comes in the case of Richard Lee Desautel, a U.S. citizen who was charged with hunting without a licence after shooting an elk near Castlegar, B.C.
Source: globeandmail - 🏆 5. / 92 Read more »

Supreme Court of Canada rules police can’t sue prosecutorsIn 8-1 ruling, Supreme Court of Canada said allowing police to sue prosecutors could cause deep harm to the justice system That’s good. The last thing we want is our government, suing our government, with our tax dollars to pay for the prosecution, defence, and judge.
Source: globeandmail - 🏆 5. / 92 Read more »

Court decision on rights on the west coast may affect Indigenous people in the eastA recent Supreme Court decision about Indigenous hunting rights on the west coast may have implications for First Nations groups who straddle the Maine—New Brunswick border. No, north america has divided indigenous people by regions forever. Treaties are duress.
Source: GlobalNational - 🏆 81. / 51 Read more »

U.S. Supreme Court to hear major case on carrying concealed handguns in publicThe U.S. Supreme Court agreed to hear a challenge backed by the NRA to New York State’s restrictions on people carrying concealed handguns in public What could go wrong?
Source: globeandmail - 🏆 5. / 92 Read more »