A recent appeal by the Nlaka’pamux Nation (in the B.C. Court of Appeal) was upheld because it was determined that British Columba did not adequately meet its duty to consult requirements. The appeal was in regard to the extension of a landfill over land which the First Nation claimed Aboriginal rights and title.
Here’s the decision . Below is an excerpt.
In Louison v. Ochapowace Indian Band #71 , William Louison tried to sue the Ochapowace Indian Band #71, its corporation (312050 Saskatchewan Ltd.) and the province of Saskatchewan – not only in his personal capacity but also “in a representative capacity on behalf of all Indigenous Peoples of Saskatchewan.”
Mr. Louison was living on a certain tract of land which the Ochapowace Band held the only legally recognizable right to and which it was attempting to remove him from. Louison claimed that he was a “North American Indigenous Person” and that the subject lands were settled by his ancestors. He also claimed that the land in question was traditional “Indigenous Peoples lands” and that he had the right to use the land by way of Indigenous Title. Therefore, he refused to give up possession of the land.
Turtle Talk 