Province plans to force First Nation to prove 'Aboriginal title' despite promise to change policy

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The provincial government went before the B.C. Court of Appeal this week to argue that the federal government should be added to the Kwikwetlem First Nation land claim case.

The lawyer for the First Nation, Robert Janes, said adding the federal government to the case would add unnecessary time and expense to the proceedings, which are set to begin in January.

Attorney-General David Eby said the federal government has a fiduciary duty to First Nations and it needs to be part of any litigation involving them.Article content Janes says in its appeal, the province argued that Aboriginal title doesn’t exist until a court actually issues a declaration that it does.

Section 35 of the Constitution states Aboriginal rights and title exist. Most land claim cases are about defining which specific rights, such as hunting or fishing, are related to the specific nation’s title.

 

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