Canada\'s highest court provides clarity on land claims
Publish date: 24 November 2004
Issue Number: 1224
Diary: Legalbrief Today
Category: Corruption
SA\'s courts are not alone in grappling with land claim issues.
In a landmark judgment, the Supreme Court of British Columbia, Canada, has provided some clarity in dealing with native land claims, reports The Globe and Mail. The court found that federal and provincial governments had a duty to consult with aboriginal groups about development on land claimed by aboriginals - even when those claims had not been settled. The ruling referred to two separate disputes. In the first issue the court found adequate negotiations had taken place with indigenous people over plans to re-open a mine and to build a 150km road to the mine. In the second matter, the court said there was a legal duty to consult, although not to reach agreement, in the granting of a tree farm licence for logging. Full report in The Globe and Mail