Sunday, June 29, 2014

Chilcotin Decision Underlines Need to change approach to development projects

Vaughn Palmer has written a good column about the legacy of David Vickers. I would like to add the remarkable parallels between David Vickers and Thomas Berger, politically, legally, and  specifically with respect to the aboriginal title file.

The Chief Justice concluded that Vickers had “identified the correct legal test of aboriginal title and applied it appropriately to the evidence.” The test being that the band in question had demonstrated occupancy of the claimed tract of land to a sufficient degree, continuously and exclusively.

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