Quote:
Originally Posted by rubecube
The ol' "can't fix one thing unless we fix everything" gem of an argument. Considering what the Supreme Court just came down with this morning, I think it makes a huge difference as some groups may be able to start making title claims.
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I've only read the headnote of the SCC decision but from what they ruled it doesn't look like anything has changed significantly in the law.
The basis for their ruling was essentially, "look, the trial judge found that aboriginal title existed here based on a set of facts that he was convinced by. Since there was evidence to support his view that those facts were the right ones, he did not commit a palpable and overriding error, which is the standard of review to overturn a finding of fact by a lower court judge. So we're not going to mess with his decision."
I would not characterize this as a huge change in the law of aboriginal title, though it does clarify some things and will allow the trial level decision to be relied on in advancing claims. I guess what I'm saying is it's a boon to those seeking to advance new claims but it is not a revolutionary, landscape-altering decision I don't think (again, having only read the headnote).