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Tsilhqotʼin Nation V British Columbia
''Tsilhqotʼin Nation v British Columbia'' is a landmark decision of the Supreme Court of Canada that established Aboriginal land title in Canada, Aboriginal land title for the Tsilhqotʼin First Nation, with larger effects. As a result of the landmark decision, provinces cannot unilaterally claim a right to engage in clearcut logging on lands protected by Aboriginal title; they must engage in meaningful consultation with the title holder before they proceed. Although the Aboriginal title holder does not have to consent to the activity, meaningful consultation is required before infringement of the right can take place. Background In 1983, the province of British Columbia issued a licence to Carrier Lumber to cut trees in lands that included remote central British Columbia territory which was claimed by the Xeni Gwetʼin band of the Tsilhqotʼin. The Tsilhqotʼin are a semi-nomadic group of First Nations in Canada, First Nations people who had lived in the area for centuries, m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Guerin
''Guerin v The Queen'' 9842 S.C.R. 335 was a landmark Supreme Court of Canada decision on Aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established Aboriginal title to be a ''sui generis'' right. Background The Musqueam Indian band held roughly of prime land in the Vancouver area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band. In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal. At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Use
Land use is an umbrella term to describe what happens on a parcel of land. It concerns the benefits derived from using the land, and also the land management actions that humans carry out there. The following categories are used for land use: forest land, cropland ( agricultural land), grassland, wetlands, settlements and other lands. The way humans use land, and how land use is changing, has many impacts on the environment. Effects of land use choices and changes by humans include, for example, urban sprawl, soil erosion, soil degradation, land degradation and desertification. Land use and land management practices have a major impact on natural resources including water, soil, nutrients, plants and animals. ''Land use change'' is "the change from one land-use category to another". Land-use change, together with use of fossil fuels, are the major anthropogenic sources of carbon dioxide, a dominant greenhouse gas. Human activity is the most significant cause of land c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title Case Law In Canada
Aborigine, aborigine or aboriginal may refer to: *Aborigines (mythology), the oldest inhabitants of central Italy in Roman mythology * Indigenous peoples, general term for ethnic groups who are the earliest known inhabitants of an area *One of several groups of indigenous peoples, see List of indigenous peoples, including: **Aboriginal Australians ("Aborigine" is an archaic term that is often considered offensive) **Indigenous peoples in Canada, also known as Aboriginal Canadians **Orang Asli or Malayan aborigines **Taiwanese indigenous peoples, formerly known as Taiwanese aborigines See also * * *'' ab-Original: Journal of Indigenous Studies and First Nations and First Peoples' Cultures'' *Australian Aboriginal identity *Australian Aboriginal English *Aboriginal English in Canada *First Nations (other) First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2014 In Canadian Case Law
Fourteen or 14 may refer to: * 14 (number), the natural number following 13 and preceding 15 * one of the years 14 BC, AD 14, 1914, 2014 Music * 14th (band), a British electronic music duo * ''14'' (David Garrett album), 2013 *''14'', an unreleased album by Charli XCX * "14" (song), a 2007 song by Paula Cole from ''Courage'' * "Fourteen", a 2000 song by The Vandals from '' Look What I Almost Stepped In...'' Other uses * ''Fourteen'' (film), a 2019 American film directed by Dan Sallitt * ''Fourteen'' (play), a 1919 play by Alice Gerstenberg * ''Fourteen'' (manga), a 1990 manga series by Kazuo Umezu * ''14'' (novel), a 2013 science fiction novel by Peter Clines * ''The 14'', a 1973 British drama film directed by David Hemmings * Fourteen, West Virginia, United States, an unincorporated community * Lot Fourteen, redevelopment site in Adelaide, South Australia, previously occupied by the Royal Adelaide Hospital * "The Fourteen", a nickname for NASA Astronaut Group 3 * Fourteen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grassy Narrows First Nation V
Grassy (meaning 'covered with grass' or 'resembling grass') may refer to: Populated places *Grassy, Lauderdale County, Alabama, an unincorporated community * Grassy, Marshall County, Alabama, an unincorporated community * Grassy, Missouri, unincorporated community in western Bollinger County, Missouri, United States *Grassy, Tasmania, small town on King Island in the Australian state of Tasmania Geographical features * Grassy Cove, enclosed valley in Cumberland County, Tennessee, in the southeastern United States *Grassy Hill Grassy Hill () is the fourteenth highest mountain in Hong Kong. Peaked at 647 m (2,123 ft), it is situated between Tsuen Wan and Tai Po and near Lead Mine Pass. Stage 7 of MacLehose Trail runs near its peak. The summit of the hill is loc ..., the tenth highest hill in Hong Kong * Grassy Island, small, uninhabited 72-acre (29 ha) American island in the Detroit River * Grassy Key, island in the middle Florida Keys * Grassy Lake Dam, small dam opera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', Case citation, [1997] 3 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wetʼsuwetʼen, Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The Plaintiff, plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under Section 35 of the Constitution Act, 1982, section 35 of the ''Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' 973SCR 313, 9734 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. In 1969, Frank Arthur Calder and the Nisga'a Nation Tribal Council brought an action against the British Columbia government for a declaration that aboriginal title to certain lands in the province had never been lawfully extinguished. At trial and on appeal, the courts found that if there ever was aboriginal title in the land it was surely extinguished. The Supreme Court recognized that the Nisga'a had aboriginal title to the lands at the time when European settlers arrived. This was because the Nisga'a had been "organized in societies and occup edthe land as their forefathers had done for centuries" ( Justice Judson, writing for a three-justice plurality) and because they had "possession from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Title In Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is ''sui generis'' as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a ''sui generis'' right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment. Source of aboriginal title I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Sparrow
''R v Sparrow'', 9901 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, in existence in 1982 are protected under the Constitution of Canada and so they cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada. Background Ronald Edward Sparrow, a member of the Musqueam Band, was caught fishing with a drift net in length, longer than permitted by the band's fishing licence under the Fisheries Act of 1985. Sparrow admitted to all the facts in the charge but justified them on the ground that he was exercising his Aboriginal right to fish under section 35(1) of the Constitution Act, 1982. At trial, the judge found that section 35 protected only existing treaty rights and that there was no inherent right to fish. An appeal to the County Court was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beverly McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. Early life and family McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were " fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. McLachlin has one son, Angus (born 1976), from her first marriage to Roderick McLachlin, who took care of much of Angus's upbringing. Roderick McLachlin died of cancer in 1988, a few days after she was appointed chief justice of the B.C. Supreme Court. In 1992, McLachlin mar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
