The indigenous land rights ruling that could transform Canada

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Indigenous rights offer a path to a radically more just and sustainable country – which is why the Canadian government is bent on eliminating them.

Posted by Martin Lukacs, Tuesday 21 October, 2014
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Fish Lake on Tsilhqot’in territory in British Columbia, where the Indigenous Tsilhqot’in nation has prevented a copper and gold mine from being built.
Fish Lake on Tsilhqot’in territory in British Columbia, where the Indigenous Tsilhqot’in nation has prevented a copper and gold mine from being built. Photograph: Friends of the Nemaiah Valley
The unrest is palpable. In First Nations across Canada, word is spreading of a historic court ruling recognizing Indigenous land rights. And the murmurs are turning to action: an eviction notice issued to a railway company in British Columbia; a park occupied in Vancouver; lawsuits launched against the Enbridge tar sands pipeline; a government deal reconsidered by Ontario Algonquins; and sovereignty declared by the Atikamekw in Quebec.

These First Nations have been emboldened by this summer’s Supreme Court of Canada William decision, which recognized the aboriginal title of the Tsilhqot’in nation to 1,750 sq km of their land in central British Columbia – not outright ownership, but the right to use and manage the land and to reap its economic benefits.

The ruling affects all “unceded” territory in Canada – those lands never signed away through a treaty or conquered by war. Which means that over an enormous land mass – most of British Columbia, large parts of Quebec and Atlantic Canada, and a number of other spots – a new legal landscape is emerging that offers the prospect of much more responsible land stewardship.

First Nations are starting to act accordingly, and none more so than the Tsilhqot’in. They’ve declared a tribal park over a swath of their territory. And they’ve announced their own policy on mining – a vision that leaves room for its possibility, but on much more strict environmental terms. Earlier this month they erected a totem pole to overlook a sacred area where copper and gold miner Taseko has for years been controversially attempting to establish itself; no mine will ever be built there.

And the Canadian government’s response? Far from embracing these newly recognised indigenous land rights, they are trying to accelerate their elimination. The court has definitively told Canada to accept the reality of aboriginal title: the government is doing everything in its power to deny it. Read More

Source: http://www.theguardian.com/environment/true-north/2014/oct/21/the-indigenous-land-rights-ruling-that-could-transform-canada

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