Canada’s Supreme Court considers the Collective and Individual Aboriginal Treaty Rights

Canada: Supreme Court Of Canada Focuses Attention On The Collective And Individual Aspects Of Aboriginal And Treaty Rights Collective And Individual Aspects Of Aboriginal And Treaty Rights … to harvest timber on two tracts of land in the territory of the Fort Nelson … Asia, Australia, Canada, Africa, the Middle East, Latin America and Central Asia.

May 20 2013 Article by Pierre-Christian Labeau

Norton Rose Canada LLP “…….The Supreme Court of Canada has thus clearly ruled that the duty to consult exists to protect the collective rights of Aboriginal Peoples and that this duty is owed to the community that holds the rights. However, it also acknowledged that such rights have both collective and individual aspects, so that in certain circumstances, the members of a community may have standing to contest before the courts authorizations granted by the Crown that could jeopardize their rights.

Clearly, this raises many questions, including the possibility that members of a community could successfully challenge a development project even if their political leaders have declared their satisfaction with the consultation process established by the Crown. This decision of the Supreme Court opens the door to complex discussions about how the Crown and developers should handle the concerns of Aboriginal communities and those of individual members of such communities…..” http://www.mondaq.com/canada/x/240100/indigenous+peoples/Supreme+Court+Of+Canada+Focuses+Attention+On+The+Collective+And+Individual+Aspects+Of+Aboriginal+And+Treaty+Rights

May 21, 2013 - Posted by Christina Macpherson | Uncategorized

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