To be clear, BC was required to do so as a result of a BC Supreme Court case.
These statements seem to be at odds:
> Currently, there is no federal law that defines governance of Aboriginal title lands, but Ottawa asserts that federal laws and provincial laws of general application – statutes that apply to all residents without exception – continue to stand on those lands.
And,
> “We’re left in a complete legislative vacuum. There are now two places in Canada where we know that there’s Aboriginal title. That is the Tsilhqot’in territory, and also Nuchatlaht territory. We know that there’s Aboriginal title there, but there is no legislation guiding this,” said Mr. Woodward, who also won the Tsilhqot’in case in B.C. 11 years ago.
And,
> Thomas Isaac, an expert in Aboriginal law at the Vancouver law firm Cassels, said the province has legislative tools to protect the park, but is not using them. “The legislative objective of protecting the environment can justifiably infringe an Aboriginal right, including title,” he said.
Mr. Woodward seems to think that Aboriginal title means a lack of clarity in Governance, whereas the Federal and Provincial Governments assert that Aboriginal title land remains within their jurisdiction.
FWIW, and IANAL, but my understanding is that the Tsilhqot’in territory, and now the Nuchatlaht territory, have a governance relationship similar to a municipality. Different in that they are creations of Federal statute, but they remain subject to Provincial authority. It seems Mr. Isaac’s statement reflects that understanding.
I’m really not surprised that the BC Government isn’t chomping at the bit to challenge any actions the Nuchatlaht are undertaking or set to undertake. Now is not the time to cause an eruption of province-wide or nation-wide protests to save old growth trees within a park that’s on a remote north western portion of Vancouver Island.
It’s not like they’ve done a stellar job of preventing the rest of the island from being torn apart and laid to waste by the likes of Mosaic.
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To be clear, BC was required to do so as a result of a BC Supreme Court case.
These statements seem to be at odds:
> Currently, there is no federal law that defines governance of Aboriginal title lands, but Ottawa asserts that federal laws and provincial laws of general application – statutes that apply to all residents without exception – continue to stand on those lands.
And,
> “We’re left in a complete legislative vacuum. There are now two places in Canada where we know that there’s Aboriginal title. That is the Tsilhqot’in territory, and also Nuchatlaht territory. We know that there’s Aboriginal title there, but there is no legislation guiding this,” said Mr. Woodward, who also won the Tsilhqot’in case in B.C. 11 years ago.
And,
> Thomas Isaac, an expert in Aboriginal law at the Vancouver law firm Cassels, said the province has legislative tools to protect the park, but is not using them. “The legislative objective of protecting the environment can justifiably infringe an Aboriginal right, including title,” he said.
Mr. Woodward seems to think that Aboriginal title means a lack of clarity in Governance, whereas the Federal and Provincial Governments assert that Aboriginal title land remains within their jurisdiction.
FWIW, and IANAL, but my understanding is that the Tsilhqot’in territory, and now the Nuchatlaht territory, have a governance relationship similar to a municipality. Different in that they are creations of Federal statute, but they remain subject to Provincial authority. It seems Mr. Isaac’s statement reflects that understanding.
I’m really not surprised that the BC Government isn’t chomping at the bit to challenge any actions the Nuchatlaht are undertaking or set to undertake. Now is not the time to cause an eruption of province-wide or nation-wide protests to save old growth trees within a park that’s on a remote north western portion of Vancouver Island.
It’s not like they’ve done a stellar job of preventing the rest of the island from being torn apart and laid to waste by the likes of Mosaic.