There has been another major victory for First Nations in the Supreme Court. This one gives them the right to sue private parties without first proving aboriginal title.
It’s a precedent-setting case that originated in B.C. over a dam that was built more than 60 years ago.
Two bands claim the dam is causing environmental harm to the river affecting their fishing resource.
The Fraser Institute says the Supreme Court’s decision to allow the bands to sue will put established projects at risk and put a chill on new economic development projects.
The institute’s director of aboriginal policy, Ravina Bains, says the ruling could have far reaching affects.
“We are already seeing in our mining survey that the number one impediment for mining investment in British Columbia is uncertainty over disputed land claims,” she said
“So this just adds to that uncertainty and opens up a new area of litigation against private parties.”
An expert on aboriginal issues and land claims at the University of Saskatchewan sees the ruling differently. Ken Coates says for decades indigenous rights have been ignored forcing the issue to courts.
He says the courts are sending governments, and now private sector companies, a message.
“We need to sort of push the reset button and we need to look across Canada as a whole,” he said. “Reconciliation is not about being nicer to people, although that is a great outcome of it, reconciliation is about acknowledging that aboriginal people have a unique role in Canada.”
Even with last month’s Supreme Court decision, First Nations still have to prove aboriginal title in order to win their case for compensation. Litigation could last for years.
Last year, in another major court ruling, the Supreme Court awarded the Tsilhqot’in First Nation rights over traditional lands outside their reserves. That case was in the courts for 17 years before the Supreme Court rendered the final decision on it.