Canada's top court rules U.S.-based First Nation maintains rights across the border
Category: News & Politics
Via: hallux • 3 years ago • 15 commentsBy: Reuters Moira Warburton & Steve Scherer
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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Warms my soul every time the Indigenous win.
I predict a lot of past wrongs being righted for NA's in the next 4 years.
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.
Thanx for the additional article, it adds more meat to the historical bone.
Your welcome, your article was very good/exciting news for me.
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.
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!
Great news!
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.
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...
The decision to return Uluru to the Kooris was monumental and a very very long time in coming.
Pics + map + more:
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.
No longer observed? I recall the annual ceremony of walking across the border.
You won't be doing it today, Buzz.