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Author Topic: Indigenous nation in US has right to lands in Canada, Supreme court rules  (Read 1095 times)

dennisK

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Well that opens up a rather large rabbit hole. Fishing rights next?

https://www.theguardian.com/world/2021/apr/25/indigenous-people-canada-sinixt-us-border-hunting-rights

Canada’s supreme court decision on the Sinixt people could affirm hunting rights for tens of thousands

For decades the Rick Desautel had been told by courts and governments that his people no longer exist in Canada.

But Desautel and others in his community in Washington state have long argued that they are descendants of the Sinixt, an Indigenous people whose territory once spanned Canada and the United States.


Land fight could grant thousands of Indigenous Americans new rights in Canada

On Friday, Canada’s highest court agreed, ruling that Desautel and the 4,000 other members of the Colville Confederated Tribes in Washington state were successors to the Sinixt – and as a result, that they enjoy constitutionally protected Indigenous rights to hunt their traditional lands in Canada

 
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RalphH

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US Native peoples already have rights to Canadian fish & have had all along.
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CohoJake

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US Native peoples already have rights to Canadian fish & have had all along.
I was thinking that as well, but as far as I know, they have not previously been granted the right to harvest in Canada, am I wrong?  I know the Lummi tribe has rights to a share of the Fraser returns, but I don't believe they have been allowed to fish in BC waters - they merely intercept the fish south of the border, which in years when the fish take a more northerly route means the Lummi fishers don't get much of anything.
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RalphH

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Alaska as well. The case was about did the Sinixt still have FN rights in Canada even though members no longer live in the Canadian section of their hunting and fishing territory. Every level of court agreed they do. Typical waste of money to take this to SCOC even though every level of court agreed they do.

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wildmanyeah

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I was thinking that as well, but as far as I know, they have not previously been granted the right to harvest in Canada, am I wrong?  I know the Lummi tribe has rights to a share of the Fraser returns, but I don't believe they have been allowed to fish in BC waters - they merely intercept the fish south of the border, which in years when the fish take a more northerly route means the Lummi fishers don't get much of anything.

I think I read at some point that the Pacific salmon treaty between the US and Canada Supersedes First Nations rights. That being said each country does gives them priority, they are involved in the process and do try to negotiate in good faith. I think i read it in one of the many supreme court cases out there.

In other words one countries first nations cant over harvest beyond the negotiated amount and then say they have the right to do that. The negotiated amount at the nation level supersedes those individual rights.
« Last Edit: April 28, 2021, 10:07:49 AM by wildmanyeah »
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