‘Race Based Court Decisions Damaging Economy’

“What has happened to ‘Trans Mountain’ is not surprising. This is the third time in 12 years that the Federal Court has blocked a major pipeline proposal on grounds of ‘insufficient consultation’ {with only aboriginal Bands, NOT the rest of Canadians}, following the Mackenzie Valley natural-gas pipeline in 2006 and the Northern Gateway oil pipeline in 2016. In each case, the proposal was backed by many ‘First Nations’ {aboriginal} and Métis {mixed race} organizations, but a small number of ‘First Nations’ (six, in the case of Trans Mountain) were able to get a court to rule that some phase of ‘consultation’ had been inadequate. 

‘Surprise, Surprise: Sanity Prevails’

“A landmark decision released…by Canada’s top court paves the way for development of the ‘Jumbo Glacier’ resort in the Kootenays region of British Columbia, despite strong objections from the Ktunaxa ‘Nation’. 

“The ‘nation’ was fighting the approval of a ski resort in an area held ‘sacred’ to them and had argued that allowing the mega-project ‘Jumbo Glacier Resort’ to go ahead would irreparably harm their spiritual beliefs and practices — a violation of their charter right to religious freedom.
{For the background, see below…}

“The ruling came out before the sun came up over the Ktunaxa ‘Nation’ on Thursday morning, located more than 3,000 kilometres away from the Supreme Court of Canada, in southeastern B.C..

‘Supreme Court Dividing Canadians’

The Canadian taxpayers are now expected to pay for even more ‘dependents’, land claims, etc., as Canadian lawyers continue to divide Canadians into two separate racial and legal categories: “The Supreme Court of Canada has ruled that tens of thousands {600,000} of Métis and non-status Indians are the responsibility of the federal government, ending a 17-year court battle.

“In a unanimous ruling that may serve now as a starting point for those pursuing land claims and additional government services, the court held that non-status Indians and Métis are considered “Indians” under ‘section 91(24)’ of the ‘1867 Constitutional Act’. 

‘Supremes Get It Wrong Again’

“Simply claiming aboriginal title is now enough to bring forward litigation against private parties — litigation that was previously only brought against provincial and federal governments…  

“With an increase in litigation, this ruling could put all current and future economic development projects in jeopardy, especially in provinces such as British Columbia, where more than 100% of the province is currently under claim by ‘First Nations’.”  “An unprecedented Supreme Court decision, allowing two B.C. ‘First Nations’ to file for damages against aluminum industry giant ‘Rio Tinto’, could have dire implications for economic development projects across the country, concludes a new study released today by the ‘Fraser Institute’… 

‘Canadian Courts Making Things Worse’

When it comes to Race Based Law, Canadian courts – in particular, the Supreme Court of Canada – have been continually extending their reach. The resulting confusion has produced a continual increase in court cases while, at the same time, discouraging investment. This is a bad deal for Canadians on both counts {steering financial resources away from economic development, and towards economically-unproductive law firms and academic ‘experts’} and, unless we change direction, it’s bound to get worse.‘Canada’s courts create uncertainty on ‘aboriginal rights’

“Supreme Court of Canada decisions on the ‘duty to consult aboriginal peoples’ and the interpretation of modern treaties have begun to suggest that so-called ‘comprehensive land claims’ agreements may not be so ‘comprehensive’ after all {!?!}.

“COURTS have shown a willingness to REINTERPRET AND GO BEYOND THE TERMS of what are highly detailed agreements, IN ORDER TO IMPOSE ADDITIONAL, UNFORESEEN CONSULTATION OBLIGATIONS on governments. They have also extended consultation obligations to new types of government decision-making, in one case EFFECTIVELY OVERTURNING WHAT WAS THE LEGISLATIVE FRAMEWORK…

“It is perhaps not surprising, then, that potential investors have taken notice and have shown a greater reluctance to invest in a territory that now seems to offer far less legal certainty than it once appeared.”