I do not see how the registration of mere interest should give rise to a need to consult. It does not alter anything on the ground other than passing mineral rights interest. It does not mean anything will be excerised, or that any project or alteration would be made.
If one were to apply the same principles to other registration in property interests, it is clearly untenable. It would in theory apply to any change in the registration of real property because the new owner may sometime in the future do something different than the current owner. That would be a disaster in the making to say that anytime we buy and sell real property, where there is or may be underlying Aboriginal Title, a consultantation has to happen. Such a scenario would render the entire real estate market in much of BC unviable until Aboriginal Title is removed. And given Aboriginal Title, as currently construed is indefeasible, that is unlikely to happen.
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I do not see how the registration of mere interest should give rise to a need to consult. It does not alter anything on the ground other than passing mineral rights interest. It does not mean anything will be excerised, or that any project or alteration would be made.
If one were to apply the same principles to other registration in property interests, it is clearly untenable. It would in theory apply to any change in the registration of real property because the new owner may sometime in the future do something different than the current owner. That would be a disaster in the making to say that anytime we buy and sell real property, where there is or may be underlying Aboriginal Title, a consultantation has to happen. Such a scenario would render the entire real estate market in much of BC unviable until Aboriginal Title is removed. And given Aboriginal Title, as currently construed is indefeasible, that is unlikely to happen.