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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 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 people who had lived in the area for centuries, managing these lands and repelling invaders. The Xeni Gwet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, 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 Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, 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 applicatio ... [...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 matter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Use
Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long history, first emerging more than 10,000 years ago. It has been defined as "the purposes and activities through which people interact with land and terrestrial ecosystems" and as "the total of arrangements, activities, and inputs that people undertake in a certain land type." Land use is one of the most important drivers of global environmental change. History Human tribes since prehistory have segregated land into territories to control the use of land. Today, the total arable land is 10.7% of the land surface, with 1.3% being permanent cropland. Regulation Land use practices vary considerably across the world. The United Nations' Food and Agriculture Organization Water Development Division explains that "Land use concerns the produ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title Case Law In Canada
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Aborigine, aborigine or aboriginal may refer to: * Aborigines (mythology), 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 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 * * * Australian Aboriginal English * Australian Aboriginal identity * Aboriginal English in Canada *First Nations (other) First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ... [...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), 2007, from ''Courage'' by Paula Cole 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 Words, a phrase used by white supremacists and Nazis See also * 1/4 (other) * F ... [...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 that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. 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 t ... [...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, 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 operated by the U.S. Bureau of Reclamation in Teton County, Wyoming *Grassy Range, mountain range in Jackson County, Oregon *Grassy Ridge Grassy Ridge is a ridge in the Blue Ridge Mountains in Georgia that runs south to north along the Eastern Continental Divi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', 9973 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 Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The 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'', defined how a claimant can prove Aboriginal title, and clarified how the justification test from ''R v Sparrow'' applies when Aboriginal title is infringed. The decision is also im ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' [1973] SCR 313, [1973] 4 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that Aboriginal land title in Canada, 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, 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[ied] the land as their forefathers had done for centuries" (Wilfred Judson, Justice Judson, writing for ... [...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 In ... [...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, that were in existence in 1982 are protected under the Constitution of Canada 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 45 fathoms (82 m) in length, 20 fathoms (37 m) 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 it 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 ... [...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. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education 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. She was called to the bar of Alberta in 1969, and to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
