Expert Says Land Claims Cases Favoring Aboriginals

Friday, June 15, 2007 at 15:39



An expert lawyer on the issue of duty to consult says the legal landscape is slowly tilting in favor of first nations as opposed to government.


Kate Kempton says a recent court ruling in Ontario has given bands there more rights when it comes to dealing with government over developments on their traditional grounds.


She says in particular bands are now eligible for government funding to help them negotiate properly.


Kempton says the decision only affects the province of Ontario right now. But she hopes it begins to influence courts in other provinces much like the Haida or Mikisew decisions have.


The ruling in question is called the K.I. Platinex decision and affects a first nation near Thunder Bay. (Kitchenuhmaykoosib Inninuwug First Nation)