Native Legal Win #190

There’s little doubt that the native legal winning-streak will attain # 200 in 2014. Here’s legal win # 190, notable as it’s in Treaty 8, the treaty that hosts the oilsands: Implications for Alberta’s Oilsands (external link). The oilsands implication is this: the court spends pages reviewing and summarizing Treaty 8 legal precepts (duty to consult, honour of the crown, and key...

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Manitoba Métis – Legal win #177

For the second time in a week, Louis Riel and the Manitoba Métis made the national news – both times written up by Supreme Court judges. Retired Justice Iacobucci’s report on jury representation had this to say: The Métis leader, Louis Riel, was charged with high treason and convicted by a jury of six English and Scottish Protestants after only 30 minutes of deliberations. Riel was...

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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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