“The case has the potential to fundamentally change the rules of the game. It was essentially a signal to the federal government — but really all levels of government — that they can’t proceed unilaterally with legislation that has the potential to impact on aboriginal and treaty rights,” Clogg said in an interview.

Ottawa should have consulted First Nation over omnibus bills C-38 and C-45’s sweeping legal changes: Federal Court

In Advocacy Groups, Alberta Canada, BC Canada, Canada by TwowolvesLeave a Comment

“The case has the potential to fundamentally change the rules of the game. It was essentially a signal to the federal government — but really all levels of government — that they can’t proceed unilaterally with legislation that has the potential to impact on aboriginal and treaty rights,” Clogg said in an interview.

Indian Tribes in The U.S. Need to see if They have some right like Canadian tribes appear to have hidden way back somewhere. Then they need to hold the worthless government to it!!

A Federal Court ruling that found Ottawa should have consulted an Alberta First Nation before passing sweeping changes to environmental laws should be a “wake-up call” to government, says an environmental law group.

In 2012, a pair of omnibus bills, C-38 and C-45, made changes to Canada’s environmental, navigable water and fisheries laws in an effort to streamline and expedite approval of resource projects. It sparked widespread criticism from First Nations and environmental groups, who helped launch the Idle No More movement in protest.

The wide-ranging bill, removed federal environmental oversight on most of the lakes, streams and rivers in the Mikisew Cree traditional territory in northeastern Alberta.

Last Friday, Federal Court Judge Roger Hughes ruled the federal government erred when it failed to consult with the Mikisew Cree before introducing the changes to parliament since those changes will clearly affect their right to use their traditional territory, particularly their hunting and fishing rights.

The court did not grant an injunction requested by the Mikisew Cree against any new laws.

But the ruling does open the door to the “neutron bomb” of overturning future laws if governments continue to fail to consult with First Nations, said Jessica Clogg, senior counsel for West Coast Environmental Law.

via Ottawa should have consulted First Nation over omnibus bills C-38 and C-45’s sweeping legal changes: Federal Court.

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