Several media outlets have covered the new aboriginal-title case filed by the Nuchatlaht First Nation. In their news stories, media give quick-hitter highlights about the case. If you really want to get up to speed on what is happening, reading the Notice of Claim that has been filed is the best place to start.
Jack Woodward Lawyer recently posted that document. It has all the details about the case. If you've read legal documents before, this will be a breeze.
Showing posts with label Nuchatlaht. Show all posts
Showing posts with label Nuchatlaht. Show all posts
Wednesday, 15 February 2017
Friday, 10 February 2017
Jack Woodward Lawyer: Nuchatlaht Case About Legal Rights and Inheritance
The Nuchatlaht are the latest First Nation to take the government to court over legal title to hereditary land.
The amount of media coverage that has surrounded the announcement of this case, underscores its importance.
Jack Woodward lawyer, representing the Nuchalaht call the aboriginal-title claim historic. He says it is the first application of the precedent-setting Tsilhqot’in Supreme Court decision.
Simply put, Jack Woodward lawyer says this is about legal inheritance: “All other Canadians expect that if they’re left land in a will, if their ancestors owned something, then they’re entitled to own it. These people have been denied that and this is an attempt to rectify the situation.”
The amount of media coverage that has surrounded the announcement of this case, underscores its importance.
Jack Woodward lawyer, representing the Nuchalaht call the aboriginal-title claim historic. He says it is the first application of the precedent-setting Tsilhqot’in Supreme Court decision.
Simply put, Jack Woodward lawyer says this is about legal inheritance: “All other Canadians expect that if they’re left land in a will, if their ancestors owned something, then they’re entitled to own it. These people have been denied that and this is an attempt to rectify the situation.”
Monday, 6 February 2017
Aboriginal-Title Claims Could Have Significant Impact on BC
News that the Nuchatlaht First Nation has launched a civil aboriginal-title claim against the B.C. and Canada governments has important implications on British Columbia.
Lawyer Troy Hunter highlights the changes that occur where aboriginal title is recognized, like in the 2014 Tsilhqot’in law suit.
Read the full story here: http://vancouversun.com/opinion/opinion-the-land-question-should-be-a-matter-of-concern
Lawyer Troy Hunter highlights the changes that occur where aboriginal title is recognized, like in the 2014 Tsilhqot’in law suit.
"In cases where aboriginal title is recognized, the province has no jurisdiction, and consent of First Nations is required for resource development as set out in the 2014 Tsilhqot’in Supreme Court of Canada decision. Approval of major projects, such as pipelines, require the consent of First Nations in any location where aboriginal title is established and absent consent, damages are to be paid to the proper rights-holders, unless there is a compelling and substantial public interest objective with a reconciliation goal that balances the interests of First Nations and the broader public."As you can see, land interest claims can have a significant impact not only on corporate and business interests in BC, but also on individual interests.
Read the full story here: http://vancouversun.com/opinion/opinion-the-land-question-should-be-a-matter-of-concern
Tuesday, 31 January 2017
Jack Woodward Lawyer: The Nuchatlaht Case is 'Historic'
In its recent article on the Nuchatlaht Aboriginal-title claim, the CBC offered insight in why this legal case is considered "historic."
Jack Woodward lawyer, representing the Nuchatlaht explains what makes this case so noteworthy. According to Woodward, it is the first case to follow in the footsteps of the precedent-setting Tsilhqot'in Supreme Court decision in 2014 (a case that Woodward also led). The Nuchatlaht are directly applying that decision in their case against the government.
As Woodward says, "they are entitled under Canadian under Canadian law to inherit the lands that their grandparents owned and this is simply a claim to enforce that."
And, in case you were wondering, there other First Nations working on similar Aboriginal-title claims.
Catch the full story here: http://www.cbc.ca/news/canada/british-columbia/nuchatlaht-files-aboriginal-land-title-case-bc-supreme-court-1.3945593
Jack Woodward lawyer, representing the Nuchatlaht explains what makes this case so noteworthy. According to Woodward, it is the first case to follow in the footsteps of the precedent-setting Tsilhqot'in Supreme Court decision in 2014 (a case that Woodward also led). The Nuchatlaht are directly applying that decision in their case against the government.
As Woodward says, "they are entitled under Canadian under Canadian law to inherit the lands that their grandparents owned and this is simply a claim to enforce that."
And, in case you were wondering, there other First Nations working on similar Aboriginal-title claims.
Catch the full story here: http://www.cbc.ca/news/canada/british-columbia/nuchatlaht-files-aboriginal-land-title-case-bc-supreme-court-1.3945593
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