there should be an injunction until the supreme court can deal with this.
i haven't read the ruling directly, but let's get a few things clear:
1) there are no treaties governing this particular space in british columbia (that is not true in ontario), so the jurisdiction of the constitution is questionable in the first place.
i haven't read the ruling directly, but let's get a few things clear:
1) there are no treaties governing this particular space in british columbia (that is not true in ontario), so the jurisdiction of the constitution is questionable in the first place.
2) while the duty to meaningfully consult does not necessitate a duty to listen in all scenarios, i think it is reasonable to think that the supreme court may interpret it that way under the specific scenario of the existence of traditional laws, in unceded areas, if presented with that argument explicitly, which is something i do not believe has been done as of yet.
so, if i was the lawyer here, i would make those arguments - that this case should be dealt with under international law rather than constitutional law (this is very specific to some regions in bc, where that argument is actually seriously legally compelling beyond an indigenous pipe dream sort of thing....that wouldn't fly for a second in, say, new brunswick), because canada is technically an occupation force in this area rather than a national one, and that the duty to consult should include a special place for existing indigenous law, where it actually exists and can be convincingly articulated.
i otherwise stand in solidarity with the blockades, as well.
so, if i was the lawyer here, i would make those arguments - that this case should be dealt with under international law rather than constitutional law (this is very specific to some regions in bc, where that argument is actually seriously legally compelling beyond an indigenous pipe dream sort of thing....that wouldn't fly for a second in, say, new brunswick), because canada is technically an occupation force in this area rather than a national one, and that the duty to consult should include a special place for existing indigenous law, where it actually exists and can be convincingly articulated.
i otherwise stand in solidarity with the blockades, as well.