Will the Canadian Native Legal Winning Streak Hit 200?

Many commentators are saying that the courts are tightening up and that the native legal winning streak will be harder to maintain in future legal challenges. They could be right but then again they could be wrong – big time! I recently cautioned that natives need to be more judicious in some of the cases that they are advancing and have warned them of over-reaching (recently they incurred...

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Williams Ruling – Native Legal Win # 166

Last week’s headlines proclaimed: “B.C. Court Rules Tsilhqot’in First Nation has no claim to territorial land”. Their claim for broad-based aboriginal title was defeated. So why am I calling this a native win? Based on their semi-nomadic historical footprint exercised throughout their traditional lands, the Court of Appeal ruled that this set of facts did not entitle natives to a broad...

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Native Legal Win #153

 As the year comes to a close, one particular native legal wins stands out in underscoring the power of the native legal winning streak.This Fall, the BC Court of Appeal ruled that the Chemainus Wells Project – to tap into potable water in an aquifer situated under the neighbouring Halalt First Nation reserve – should remain operationally delayed on account of deficiencies in...

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