Canada's top court rules U.S.-based First Nation maintains rights across the border

  

Category:  News & Politics

Via:  hallux  •  4 weeks ago  •  15 comments

By:   Reuters Moira Warburton & Steve Scherer

Canada's top court rules U.S.-based First Nation maintains rights across the border

One small law case at a time = larger progress over time.


S E E D E D   C O N T E N T



Canada's Supreme Court ruled on Friday that the descendants of the U.S.-based Sinixt nation maintained ancestral land rights even after members moved south in the 19th century, a landmark decision that ends a decade-long legal dispute.

The court ruled in favor of Rick Desautel, a Sinixt descendant who lives in Washington state. In 2010, he was charged with hunting without a license on traditional Sinixt lands in British Columbia.

Canada's Indigenous people have the right to hunt in their traditional lands. In 1956, Canada declared the Sinixt "extinct" because members of the nation had either died or were no longer living in the country.

In Desautel's case, federal prosecutors had argued the Sinixt were not protected by the rights in Canada's constitution because they no longer were present in the country.

But the Supreme Court agreed with the lower courts and dismissed the federal appeal, ruling that as long as a nation could prove ties to the land from before first contact with Europeans, they did not have to consistently use that land for their rights to apply.

Refusing rights to Indigenous people who were forced to leave Canada "would risk perpetuating the historical injustice suffered by Aboriginal peoples at the hands of Europeans," the court said


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Hallux
Freshman Principal
1  seeder  Hallux    4 weeks ago

Warms my soul every time the Indigenous win.

 
 
 
devangelical
PhD Principal
1.1  devangelical  replied to  Hallux @1    4 weeks ago

I predict a lot of past wrongs being righted for NA's in the next 4 years.

 
 
 
Kavika
Professor Principal
2  Kavika     4 weeks ago

Excellent. 

I've been involved in a number of disputes re treaty rights in the US it's an on going battle.

The high court ruling in 2017.

 
 
 
Hallux
Freshman Principal
2.1  seeder  Hallux  replied to  Kavika @2    4 weeks ago

Thanx for the additional article, it adds more meat to the historical bone.

 
 
 
Kavika
Professor Principal
2.1.1  Kavika   replied to  Hallux @2.1    4 weeks ago

Your welcome, your article was very good/exciting news for me. 

 
 
 
Hallux
Freshman Principal
2.1.2  seeder  Hallux  replied to  Kavika @2.1.1    4 weeks ago

I just checked Canada's National Post to see how conservatives are reacting ... so far after 5 hours nary a comment and they hate anything coming from Reuters.

 
 
 
Perrie Halpern R.A.
Professor Principal
3  Perrie Halpern R.A.    4 weeks ago

What a great story with an even better outcome. It's their right of return and it's been a long time coming. Wonderful news!

 
 
 
Sister Mary Agnes Ample Bottom
Professor Guide
4  Sister Mary Agnes Ample Bottom    4 weeks ago

Great news!

 
 
 
Buzz of the Orient
Professor Principal
5  Buzz of the Orient    4 weeks ago

It makes me proud to see how Canada has been correcting its wrongs of the past and taking more and more steps to support indigenous rights. 

 
 
 
shona1
Freshman Participates
6  shona1    4 weeks ago

A/noon..Yes same here the Kooris were handed back Uluru in Oct last year..They have closed access to the rock completely. It is now totally in their hands as it should be..After 20 odd deaths from people falling off it and desecrating it by climbing up it...Peace has been restored and their ancestors can rest easy in their Dreamtime once again...

 
 
 
Kavika
Professor Principal
6.1  Kavika   replied to  shona1 @6    4 weeks ago

The decision to return Uluru to the Kooris was monumental and a very very long time in coming. 

 
 
 
Hallux
Freshman Principal
7  seeder  Hallux    4 weeks ago

Pics + map + more:

 
 
 
Kavika
Professor Principal
7.1  Kavika   replied to  Hallux @7    3 weeks ago

Excellent article with more background info. 

This could have far-reaching effects and many tribes' traditional territory extends to both the US and Canada. The Anishinaabe people, also known as Ojibwe, Chippewa, Oji-Cree, and Saulteaux are in the exact situation and what we call the ''Medicine Line'' the US Candian border cuts our traditional lands in half. The Jay Treaty addressed this and allowed for free movement back and forth. It is no longer observed by the US.

 
 
 
Buzz of the Orient
Professor Principal
7.1.1  Buzz of the Orient  replied to  Kavika @7.1    3 weeks ago

No longer observed?  I recall the annual ceremony of walking across the border.

 
 
 
Kavika
Professor Principal
7.1.2  Kavika   replied to  Buzz of the Orient @7.1.1    3 weeks ago
I recall the annual ceremony of walking across the border.

You won't be doing it today, Buzz.

 
 
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