Turtle Talk

In B.C. (Minister of Forests) v. Okanagan Indian Band, the province  sought direction, for an upcoming (November) trial, on the issue of the band mixing aboriginal title and aboriginal right, which had been severed into two different phases of the trial.

B.C. argued that Okanagan First Nation was incorrectly introducing the title issue during the rights phase, but Okanagan disagreed, stating that  the question of the Crown’s burden of proof to establish that the timber was Crown timber has always been an issue in the case, and in the severed trial, and that their recent (May) notice of a constitutional question simply clarifies that position.

The judge found in favor of the province, holding that the notice of constitutional question will be deferred to the second phase.