No duty to consult Indigenous groups on federal law-making, Supreme Court says


Mowich
+3
#1  Top Rated Post
OTTAWA ó Federal ministers do not have a duty to consult Indigenous groups when drafting legislation, the Supreme Court of Canada has ruled.

In a decision Thursday involving an Alberta First Nation, a majority of the high court said the law-making process does not amount to Crown conduct that triggers the deeply entrenched duty to confer with Indigenous Peoples.

The ruling helps clarify the steps the federal government must take ó and when ó in upholding the Crown's obligation to act honourably in its dealings with Indigenous groups.

The Mikisew Cree argued that the former Conservative government should have consulted them on legislative proposals that would affect their treaty rights.

In 2012, the government introduced two omnibus bills proposing changes to Canada's environmental protection and regulatory processes. Bills C-38 and C-45 amended the Fisheries Act, the Species At Risk Act, the Navigable Waters Protection Act and updated the Canadian Environmental Assessment Act.

A Federal Court judge said there was a duty to consult the Mikisew because the proposals would arguably affect fishing, trapping and navigation.

The Federal Court of Appeal overturned the ruling, saying that including the duty to consult in the legislative process offends the doctrine of the separation of powers and the principle of parliamentary privilege. The decision prompted the Misikew to take their case to the Supreme Court.

All nine high court justices agreed that the Federal Court did not even have jurisdiction to review the actions of the ministers who drafted the bills, since the court is limited to scrutinizing measures taken by a federal board, commission or other tribunal.

With respect to the duty to consult, seven Supreme Court judges concluded there was no such obligation during the law-making process, but they split into three groups in spelling out their reasons.

More: https://www.sootoday.com/national-ne...t-says-1080684
 
pgs
+3
#2
Well surprise , surprise. The Canadian government is actually the supreme law of the land , who would have known ?
 
Twin_Moose
#3
Do you mean they are Canadians in Canada?
 
MHz
#4
Quote: Originally Posted by pgs View Post

Well surprise , surprise. The Canadian government is actually the supreme law of the land , who would have known ?

All Treaties have loop-holes built in that only ever benefits the writers. There is no honor in being devious, there is only dishonor.
 
Twin_Moose
#5
No duty to consult other Canadians as well

FSIN pays hacker $20,000 in bitcoin after massive data breach, sources say

Quote:

The Federation of Sovereign Indigenous Nations recently paid more than $20,000 to an anonymous hacker who breached its computer system, CBC News has learned.
The revelation surfaces as hundreds of delegates gather in Saskatoon Wednesday and Thursday to elect a new FSIN chief and two vice-chiefs.
The information was provided Tuesday by two sources with direct knowledge of the situation. They spoke to CBC News on condition of confidentiality, as the meetings were private.
The hacker gained control of the FSIN's internal files and email system, holding it ransom. A wide range of data was taken. It included files on residential school survivors, youth athletes and their coaches, internal land claims and a host of other topics. The social insurance numbers, treaty card numbers and health claims of staff and the executive was also accessed.
The hack went undetected for an undetermined amount of time. In May, an FSIN staff member got an email from the hacker demanding a ransom of more than $100,000.
The FSIN treasury board and its audit committee, made up of chiefs and others from across the province, met to discuss the situation. Some wanted an immediate notice sent to all of the employees, parents, companies and others affected. They said police should be called and a public statement issued. None of that happened.
They also told FSIN staff and executive not to pay the hacker. They said the hacker might accept the money and then keep the data on file anyway. However, in the days following the treasury board meeting, quiet negotiations with the hacker continued. Someone at the FSIN eventually authorized and paid the hacker more than $20,000 worth of Bitcoin, a "cryptocurrency" used as a method of payment online.
When word of the payment reached the committee members, at least three demanded an explanation and a report, but none were supplied.
Since the breach, the FSIN has contracted the services of a private computer security business. The email system appears to be functioning normally, but there is no guarantee the hacker did not retain the data.
The FSIN declined to comment on the matter when contacted Tuesday. An official said they can't speak on federation business during the current campaign period. They said a new chief will be able to address a wide range of issues following the election Thursday.

With this wouldn't it be considered a breach of the treaties under reporting criminal activity?
 
Hoid
#6
They don't consult them even when they have to - as happened in the BC pipeline fiasco.