‘Supreme Court prods gov't, natives to act with honour — - Aboriginal consent not needed i in land- -Lise decisions. - By JEFF NAGEL - - decisions, the Supreme Court of Canada said in a pair of. decisions handed, down _ last. Thursday."* ‘ The “high -court 's-findings largely” uphold. the province’ 5" polic of: con: 7 _ sulting aboriginal. groups. * One® tuling on the: transfer oF forest. - licences ‘on: the. Charlottes” to. Weyer re haeuser : = over the. ‘objections Of. Ahi “Haida = = resulted i in’a decision:that nov requires Victoria to consult tiatives and: where appropriate, accommodate them, “ The province was ‘already. doing that, although it argued there vas no’ legal: requirement to do so: with” groups. that?" “have-nol yet proven.abori ginal title. “The Crown; “acting” honourably; * cannot cavalierly run:roughshod over. aboriginal: interests“ where ‘claims: ate » fecting these inleresis “are, béing’-pur tion and: proof,” the high. court-said:: " tices of-the court said aboriginal groups togging or mining-. “This” process. does “not: ‘give’ “ab. * done with land, ‘pending: final, proof of the claim;" the judgment: says: “consent”, That: “oaily “applies. t ~ have proven title, the judgment Saysi: *Attorney- General, Geoff Plant. calle that a direct’rebuke to. native: over resources.. maker, the landlord: : - He said the high court’ ‘also in- effect told aboriginal’ BrOUps: They, ‘must {pa f oaranteed to: ‘work in: the region; j work in ‘the north.” Councillor. Sie “of South African: ‘doctors. : “How-ong can’ that continue?” h he asked: -“Idon' Hike the idea‘of adding it to the taxes, - but I don’ Lste a ‘better alternative, * eon a “he said, “sued ‘in the | process: ‘of treaty: tiegotia- But al-the same time the seven. Jus. - do not have a legal. hammer to, hald wpe " original groups a vetorover whal can be“: cake chose! : 7 - In saying that the court clarified: its’ G itanyow | - previous . ruling ‘ in: the- Delgamuukw : case involving Gitxsan lille, where it~ shad mentigned’ the need: for aboriginal’ | Broups: “that ; ~ Who have insisted they do have'a legal, right to. block government. derisiont ~ “This’ decision is-a complete rejec- : tion of that; " Plant: Said. “The. province. continues to be: the “ultimate” decision, Davies ‘sdid- their: Scholarships. will. be 1 -edine: ‘repayable if tHe! thedical students'don! ; Ww, Christensen) said. the north néeds. to. train: ‘doctors’ to ‘end. the’ ré-;.. gion’s retiance-on: Amporting large. lumbers - vo ’ ince-comes to consult them. _ ABORIGINAL groups’ do, not hold an. as outright veto.over goverriment tand use: - “They must not frustrate the Crown's Ss. reasonable ood faith atlempts,” the : Sriling says; , ; “The ruling also: found the duty’ of consulting, and if ‘appropriate: ‘accom . “modating, falls ‘to. government, not in-~ _ dustry: “Businesses' will be Blad to hear: “that; Plant said: “Roger. Harris; Skccera’ 5 MLA: and: the’ minister of state for forestry: opera- tons, ‘said it stilt makes sense for busi- ‘with: this huge anvit over their heads,” ‘Harris: said it algo eases the ‘con: ~fusion“of who is in charge, citing the. _recent ‘case “where: Gitanyow ‘chiefs © placed advertisements warning logging «- contractors’ against: bidding for’ timber: - sales in ‘Gitanyow. territory...” - “This. says It's not the responsi ility: ~ of the contractor to negotiate with First Nations,” ‘Harris said, "That! s govern: . ", ‘ment’s’ responsibility." ‘Harris said -he- was ‘pleasaialy. ‘sure “ prised by: the rating, ai sed down last ay afler ngs : : out over a number of years. ness and. industry to try to. strike part-.- - nerships with local First Nations. : “But they: won't: ‘be. going into it -ignore. that, ments’ ‘orasa parcel tax, ‘Ai up in, the airis Whither it would be a one-time. tax or spread: / City officials: said- for, midst: businesses, the. one-time Cost. syould ‘likely be, around $40 and it: ‘might add arotind $150-to the tax ‘bill of West’ Fraser's sawmill here.” _ The monéy was- originally supposed 10 be a fundraised, but: Davies said: less than $6, 000 “ 2 “What the court says. is 50 close: lo “What we're ‘already doing think this is a. judgment government can ‘Support,’ 7 ’ . ‘the Attorney-General said; In’ a second: case, the: court ‘sided : "awith the” ‘provinee ’ ‘against the Taku’ “River Tlingit. First: Nation, -which ‘was ‘opposing the: reopéning of. the: Tulse-_ - quah Chief mine: in. the far northwest. - “The ruling. found Victorta adequately . - _ consulted ard accommodated.the band. - “prior 1 io Branting- a. mine. development " "permit, removing a legal hurdle’ to. the: ° _ reopening: of the mine, °“~. ~~ “ - Government decisions on regource e Use has sparked a series of recent court 7 ‘actions in the northwest. . SOme ‘groups. Went to cour saying ° Skeena Cellulose to new oivners. In-another case the Lax .Kw’ alaams a - band near Prince’ Rupert. went to court -:. 2 to! block logging ‘by West Fraser ‘ofa. ‘. cedar. ‘grove southwest of Terrace con-- ‘taining culturally: modified trees: Judg- > es okayed the-decision by the forest - district office’ here to allow the’ logging, a ruling managers did'a good job of con-. S sulting 2 and accommodating, the band, hat title exists on the ground: here,” natives’ do not, have a-veto over govern- ment decisions. won t harm’ the Gitan i" ow position. » n arbitrary. formula “We are-not secking a right io veto, " ‘he'said. “We are very:reasonable in.how: “ive would lik to put forward accommo...” . dation of-aur. interests,in particular how: + Wwe see title co-existing,” a “Williams said “the. Gitanyow will’ ~also-argue- révenue-sharing. by Victoria: ~ ‘should’ be’ based on actual éxtraction of - “resources from the: territory, father. than: : ike new ruling GITANYOW leaders: predict. the ‘new -Stipreme’ ‘Court, decision. on-aboriginal:” * rights. avill: bolster their case: ‘when they. -retumn t6.court Noy, 29.° a _ They: will seek & ruling that. the j prov: ince has Tailed to adequately. consuilt.and-” ~accominodate their-interests in the irans- ° fer ofthe former Skeena Cellulose forest ‘licences. . = - ‘The band wwants they province to share -€ontrol ‘over ‘the forests in its tradi territory. : : ome think wer’ te atyyn réaéonable with | "what we're asking,” said Gitanyow-1i - gotlator. Hee len “he said. “Prior to ‘yestei. “day government: “could : simply. ignore L He’ said: the high court's ruling that. NOVEMBER 2004 —D Max. .A- Temp Min Total Precip. _ mm NOVEMBER 2003 LEMIBAVESA ELE BLE RES ARURDA SAAB RA Rear eg! "WINTER MAINTENANCE *. 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