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Summary of document:
Ruling forces B.C. to review treaty process
ANALYSIS: The judgment could have a huge impact, but no one’s sure what it will be.
STEWART BELL
VANCOUVER SUN
When the Supreme Court of Canada handed down its ruling on the Delgamuukw land claim Thursday morning, provincial politicians seemed confident the judgment would have little impact on B.C.
But their comments may have been premature. Scores of government lawyers are still analyzing the ruling – and should continue doing so for the next few weeks – trying to decipher its subtle meanings.
The court did not say in its decision that B.C. Indians still own their ancestral lands. But it did define aboriginal land rights as being more far-reaching than has ever been recognized before.
…The court said that “in most cases,” the involvement of tribes in management of their traditional lands “will be significantly deeper than mere consultation.”...
BC and Canada have always taken the position that land claim negotiations are not about the past; they are about giving tribes enough land, resources, money and governing power to strengthen their impoverished communities in the future. But the court ruling says that when tribal lands are used for purposes that infringe upon aboriginal title, then there must be “fair compensation.”...
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