Troubled Waters-uncertainty around Aboriginal land claims – Fraser Forum

March 21, 2016

One of the most important policy issues that must be addressed by federal and provincial governments is the lack of land certainty and modern treaties in Canada. With governments failing to act, this issue is resulting in increased litigation and Supreme Court of Canada judgments that only increase uncertainty and negatively impact the Canadian economy.

How so?

Well, as a 2015 Fraser Institute study points out, there will be an increase in litigation against private parties in light of the Supreme Court’s Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto judgment. This 2015 landmark judgment opens up private parties, such as citizens and companies, to aboriginal rights and title litigation previously only brought forward against governments. The judgment allows First Nations communities to claim damages against a private party on traditional territory before proving that Aboriginal title exists on the territory.

Read More: https://www.fraserinstitute.org/blogs/troubled-waters-uncertainty-around-aboriginal-land-claims