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Private land subject to Indigenous property claims after Canadian court ruling
The Post Millennial ^ | 11/30/24 | Thomas Stevenson

Posted on 11/30/2024 10:09:50 AM PST by CFW

A New Brunswick court has ruled that Aboriginal title, or the legal means by which Indigenous people claim property, can be used on privately held land in the Canadian province if indigenous nations go through the government to do so. The court decided the ruling earlier this month and it may set the precedent of Aboriginal title being used to sweep up privately owned property.

On November 14, Justice Kathryn Gregory of the Court of King’s Bench ruled in connection to a lawsuit made by six Wolastoqey Nations that sought Aboriginal title claims for over 50 percent of the land in the province of New Brunswick. Great swaths of land in the area are owned by oil as well as timber companies, per the Canadian Press.

Gregory ruled that several companies who were the defendants in the suit were to be removed and that the legal dispute would only be between the Canadian government and indigenous nations. The CBC reported that JD Irving, Acadian Timber Limited, and other companies have appealed the decision to be taken off the lawsuit.

(Excerpt) Read more at thepostmillennial.com ...


TOPICS:
KEYWORDS: aboriginaltitle; aboriginaltitleclaim; acadiantimberlimited; acadiantimberltd; canada; canaduh; courtofkingsbench; creepingsocialism; deepstate; delusional; eminentdomain; governmenttheft; indigenouspeople; jdirving; jestertrudeau; jesterturdeau; justintrudeau; justinturdeau; kathryngregory; kelo; newbrunswick; privateland; privatelyowned; thomasstevenson; wolastoqeynations
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To: CFW

Welcome to Canifubar.


21 posted on 11/30/2024 10:39:19 AM PST by antidemoncrat ( )
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To: CFW

Something similar happening in the U.S. was the plot of an awful (but disturbingly prescient) movie called Americathon (1979, John Ritter), where the Supreme Court ruling was that the U.S. owed the Indians enough money to bankrupt the country.


22 posted on 11/30/2024 10:45:54 AM PST by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: Fai Mao; Racketeer; CFW
But yeah, if they had no conception of ownership then it couldn’t have been stolen from them

They had no concept of ‘individual’ ownership of land.

They had understood tribal ownership of territory. They fought the encroachment of other tribes on their lands and fought wars to take territory from other tribes.

Hunting rights to land was an issue for survival.

23 posted on 11/30/2024 10:49:34 AM PST by Pontiac (esse welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: CFW

In native culture, the Great Spirit owns everything. Humans have no claim or title to anything on Earth.

In practice, the Indians did not honor that stated belief. The various tribes fought each other constantly for the right to dwell and hunt in various areas.

To do away with deeded title to land is to invite savage and bloody battles over land. You cannot have a civilized society which does not honor title to land. Without such rights, you are in a never-ending fight to the death over what you CLAIM to own. If you build a house, you must kill anyone trying to take it from you.

Watch the movie, “Dr. Zhivago.” See how the Soviet Union communists seized everything privately owned and how well that went.


24 posted on 11/30/2024 10:51:57 AM PST by Gnome1949
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To: CFW

“You have the right to land owned by others”
“We want your house”
“Land owned by others that are not me”


25 posted on 11/30/2024 10:52:08 AM PST by AppyPappy (If Hitler were alive today and criticized Trump, would he still be Hitler?)
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To: CFW

The Canucks need to make them fight for it. See how bad they really want it.


26 posted on 11/30/2024 10:53:24 AM PST by FlingWingFlyer (Okay Kamala! Where the hell is the "billion and a half" bucks?)
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To: FlingWingFlyer

We should do that with Hawaii.


27 posted on 11/30/2024 10:55:51 AM PST by DIRTYSECRET
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To: CFW
Kind of a deceptive summary; the only entity which can grant title to land into trust and recognize the tribal entity which will have semi-autonomous use of that land.

The court correctly ruled that tribes can't sue private land holders for that land, that's a function of the Canadian government. Rather than dismiss the case which might have been the proper option, the judge rather removed those entities which no relief could be sought against.

At the same time, that court effectively ground to a halt all other legal actions against private parties for tribal claims to the land across Canada (including the rather insane SovCit queen and her minions...) by directing these claims be against the Canadian government and subject to all the rules of such claims.

Should they prevail, which is highly unlikely, that simply means that the Canadian government, if it chooses, would then have to buy the private lands to place into their version of trust for tribal uses (and like in the US, the Canadian government could also lease such land to private entities to harvest resources from that land.)

28 posted on 11/30/2024 10:57:22 AM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: DIRTYSECRET

I’m afraid we’re going to be going through that here. aboriginals are overrated. I’ve always wondered how long we’re going to continue throwing money at them. Now that they have casinos all over the place, Americans don’t owe them a penny. They need to learn to survive on their own.


29 posted on 11/30/2024 11:02:04 AM PST by FlingWingFlyer (Okay Kamala! Where the hell is the "billion and a half" bucks?)
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To: CFW

Why just private land? Shouldn’t they have the same claim on government and/or public land?


30 posted on 11/30/2024 11:06:13 AM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: CFW

Sounds like good ol’ South/Central Amercan “land reform” ...

Communism is all about taking property from the productive and giving it to the indolent ... with The State taking a cut.

See also Rhodesia. And South Africa.

Damn them all ...


31 posted on 11/30/2024 11:09:10 AM PST by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: FlingWingFlyer

Between this and the ruskies taking over I find more reason each day to buy more ammo.


32 posted on 11/30/2024 11:10:30 AM PST by Mouton (A 150MT hit may not solve our problems now but is a good start. )
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To: Mouton

One thing I was really thankful for this Thanksgiving is that ammo has slowly been getting more affordable.


33 posted on 11/30/2024 11:16:59 AM PST by FlingWingFlyer (Okay Kamala! Where the hell is the "billion and a half" bucks?)
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To: CFW

Which of the various indigenous tribes that slaughtered and enslaved one another to take the land will be regarded as the proper complainant, the first or the last?


34 posted on 11/30/2024 11:43:07 AM PST by TalBlack (Time to use the Law and the Power. Good luck Mr. President.)
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To: Fai Mao

That appears to be true. Look at the Navajo land in N. AZ. Garbage, lots of it, strewn out into the desert for 10 yards on either side of the highway. Fetal alcohol syndrome through the roof. Just a mess. If they had somehow blocked European immigration and consequent development, N. America would be an impoverished hellhole today. If you could imagine an American footprint on N. America as it would have developed under native rule and as it did in fact develop, there couldn’t have be greater disparity. That doesn’t mean it was fair, but I make no apologies.


35 posted on 11/30/2024 11:53:40 AM PST by Wally_Kalbacken
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To: CFW

They ain’t ‘indigenous’. They wiped out the people that were here before them.


36 posted on 11/30/2024 12:20:43 PM PST by dljordan (What would Michael Collins do?)
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To: CFW

OK. they can have the land as long as they live like their stone age ancestors. No electricity, written language, math, indoor plumbing, guns, cars, supermarkets, plastics, store bought clothes etc. Nothing more advanced than stone knives and bearskins.


37 posted on 11/30/2024 12:24:44 PM PST by Brooklyn Attitude (Today's "conspiracy theory" is tomorrow's conspiracy FACT.)
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To: CFW

U.S. is not far behind. Look what they are doing in the name of “tenant protections.”

In other news, I have relatives and my mother’s side of the family come from New Brunswick. Which is essentially logging country with unpaved roads.


38 posted on 11/30/2024 1:51:11 PM PST by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: CFW; All

PLANK 1 OF THE COMMUNIST MANIFESTO


39 posted on 11/30/2024 2:56:58 PM PST by cowboyusa (YESHUA IS KING OF AMERICA, AND HE WILL HAVE NO OTHER GODS BEFORE HIM!)
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To: PIF
You'd better give citations for those rather outlandish claims.

| Name, volume, page, date.

40 posted on 12/04/2024 8:54:07 AM PST by AnAmericanMother (Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
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