Two more stories here and here shine light on the Hul'qumi'num Treaty Group's quest to protect its land interests. On Friday, the parties each presented their case.
The Treaty Group's concerns are with logging practices on lands encumbered with its aboriginal title. The group wants a say in the management of harvesting or compensation. Canada argues the Treaty Group has access to Canadian courts or the treaty process to advance its interests, therefore, the OAS court should not be hearing the case. Canada takes this position because, procedurally, the OAS court cannot hear a case until all other legal options are exhausted. The OAS court agreed to hear the case because the Treaty Group's lawyer convinced the court that due to BC Treaty Process policy, the available options are not really options at all because private lands are not subject to treaty negotiations. In addition, a condition of being in treaty negotiations means is that the Treaty Group must not go to a Canadian court - a conundrum for many First Nations.
Even if all remedies in Canada are exhausted the OAS court decisions are not binding. The decision may be available in March 2012.
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