Fortune Minerals Ltd T.FT

THE TAHLTAN HEADFAKE

[parahyangam]

Decision of the Supreme Court[edit]

 

The Supreme Court, led by Beverly McLachlin, unanimously allowed the appeal. They ruled that the BC Tsilhqotin did have a claim of Aboriginal title to the 1,750 square kilometres (680 sq mi) they had historically occupied. (Williams Lake).

Aboriginal title[edit]

 

The court held that Aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown.^[6] Rights conferred by Aboriginal title include the right to decide how the land will be used; to enjoy, occupy and possess the land; and to proactively use and manage the land, including its natural resources.^[7] But, the court set out a Sparrow-style mechanism by which the Crown can override Aboriginal title in the public interest:

1. the Crown must have carried out consultation and accommodation;
2. the Crown's actions must have been supported by a compelling and substantial objective; and

 

 

[red]

And the point is ? 

[geolith]

This,  while relevant to all who explore and develop in Canada, is next to irrelevant to Fortune and Nico which is within Tlicho lands.  It is grandfathered, but anyone operating anywhere in the world ignores your neighbors at your own risk. The Tlicho can be great landlords, and will gain experience over time.

[MelodicHysteria]

The thing with the supreme court, nothing is "grandfathered". We have to be really mindful with rulings that occur from the supreme court because it allows other indigenous nations to reopen disputed issues. Especially, if it was determined that the decisions of the past were wrong.  Not that i personally see a reason for it to matter right now in this case but for future cases