Details

Autor(en) / Beteiligte

• Mandell, Louise

Titel

Our Interconnected Journey

Ist Teil von

• BC studies, 2019-12 (200), p.53-305

Ort / Verlag

Vancouver: Pacific Affairs. The University of British Columbia

Erscheinungsjahr

2019

Link zum Volltext

Quelle

EZB Electronic Journals Library

Beschreibungen/Notizen

• The SCC went back to the law governing Canada's beginnings, recognizing and confirming Indigenous laws and legal orders as the golden thread of the common law.9 The court held that Indigenous laws and rights to land are inherent collective rights that pre-existed and survived the assertion of Crown sovereignty, that have never been extinguished, and that find expression today in the Constitution.10 Inherent rights mean that neither Crown nor court recognition is required for Indigenous Peoples to possess land and resources and exercise governmental law-making authority. On 14 February 2018, Prime Minister Justin Trudeau rose in the House of Commons and said: [...]over time it too often fell to the courts to pick up the pieces and fill in the gaps. [...]instead of outright recognizing and affirming indigenous rights, as we promised we would, indigenous peoples were forced to prove time and time again, through costly and drawn out court challenges that their rights existed and must be recognized and implemented. ... going forward, recognition of rights will guide all government interactions with Indigenous Peoples. .. [...]the Haida Nation and British Columbia have implemented reconciliation through a strategic land use agreement, the Kunst'aa Guu-Kunst'aayah Reconciliation Protocol, by provincial legislation and legislation of the Haida Nation.18 The parties agreed to resources for implementation, the purchase of forest tenures, shared and joint decision-making, and a significant reduction of the volume of timber through the Land Use Objectives Order.19 So why has this narrative of success - a tribute to both Crown and Haida governments - not resulted in a Haida Reconciliation Agreement?