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Shale gas protesters and RCMP trying to enforce an injunction are clashing in Rexton, N.B., leading to at least five police vehicles being set on fire and the arrest of a First Nations chief.
Section 35 of the Constitution Act, 1982 “recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. Aboriginal rights derive from the long-standing use and occupancy of Canada by Aboriginals prior to European settlement. In order for an aboriginal custom, practice or tradition to be considered an aboriginal right, it must be integral to the distinctive culture of an aboriginal society. These include the right to hunt, trap, fish, gather and follow Aboriginal customs, practices and traditions on ancestral lands. Treaty Rights include the specific rights of the Aboriginal peoples embodied in the treaties entered into with Britain and, after confederation, Canada.
In addition to the right to use their ancestral lands, First Nations in the Maritime Provinces assert that they did not surrender their lands to the Crown, so they also claim title to the land itself. Aboriginal title has not been proven in the Courts.
The common law duty to consult is based on a judicial interpretation of the obligations of the Crown (federal, provincial and territorial governments) regarding established or asserted rights of the Aboriginal peoples of Canada and refers to the obligation to ensure that Aboriginal people are adequately consulted about matters that may affect an Aboriginal or treaty right.
In three landmark decisions by the Supreme Court of Canada: 1. Haida Nation, and 2. Taku River Tlingit First Nation, both in 2004, followed by 3. Mikisew Cree First Nation in 2005, it was determined that the Crown has a duty to consult and, where appropriate, accommodate when it contemplates conduct that might adversely impact Aboriginal or treaty rights, or Aboriginal title. The duty stems from the Crown’s unique relationship with Aboriginal peoples and its’ responsibility to reconcile Aboriginal and nonAboriginal interests.
The Province of New Brunswick has a duty to consult with First Nations when contemplating an action or a decision that may infringe upon proven or asserted Aboriginal and treaty rights. The Duty to Consult Policy provides direction to the provincial government on consultation with the Mi’gmag (Mi’kmaq) and Wolastoqiyik (Maliseet) First Nations in New Brunswick (listed in Appendix A). It applies to strategic and operational decisions made by the Crown or its’ agents, affecting Crown land and resources under provincial jurisdiction that may adversely impact the exercise of Aboriginal and treaty rights. The Policy outlines the types of decisions that may trigger the duty to consult, the roles and responsibilities of the Federal and Provincial Governments and First Nations and provides guidance to ensure that adequate consultation has taken place on matters that may affect Aboriginal and treaty rights. The Aboriginal Affairs Secretariat will assist in this interpretation and will take the lead establishing consistent policies, procedures and practices across the provincial government.
TKDRL
reply to post by Tybrus
You sound pretty ignorant of the situation.
bobs_uruncle
reply to post by Tybrus
malfeasance
\
TKDRL
reply to post by Asktheanimals
Come to think of it, even if we did have make up our own piece of paper prior to europeans coming, the monarchy would have just said it was not valid and legal, because they didn't make it......edit on Thu, 17 Oct 2013 18:52:57 -0500 by TKDRL because: (no reason given)
feudalism describes a set of reciprocal legal and military obligations among the warrior nobility, revolving around the three key concepts of lords, vassals and fiefs.[2]
HanzHenry
reply to post by Tybrus
I think the First Nations should carry out a purge of ALL CROWN LANDS AND AGENTS.
those thieving "roy-ELs" are still PROFITING off of stolen property..
CANADA is being PUNKED daily allowing a CROWN to have a dime..
DEATH TO THE CROWN.!!
The first conflicts between Europeans and aboriginal peoples may have occurred around 1006 CE, when parties of Norsemen attempted to establish permanent settlements along the northeastern coast of North America (see L'Anse aux Meadows).[9] According to Norse sagas, the skraelings of Vinland responded so ferociously that the newcomers eventually withdrew and gave up their plans to settle the area.[10]
Prior to French settlements in the St. Lawrence River valley, the local Iroquoian peoples were almost completely displaced, probably because of warfare with their neighbours the Algonquin.[11] The Iroquois League was established prior to major European contact. Most archaeologists and anthropologists believe that the League was formed sometime between 1450 and 1600.[12] Existing aboriginal alliances would become important to the colonial powers in the struggle for North American hegemony during the 17th and 18th centuries.[13]
After European arrival, fighting between aboriginal groups tended to be bloodier and more decisive, especially as tribes became caught up in the economic and military rivalries of the European settlers. By the end of the 17th century, First Nations from the northeastern woodlands, eastern subarctic and the Métis (a people of joint First Nations and European descent[14]) had rapidly adopted the use of firearms, supplanting the traditional bow.[15] The adoption of firearms significantly increased the number of fatalities.[16] The bloodshed during conflicts was also dramatically increased by the uneven distribution of firearms and horses among competing aboriginal groups.[17]