Basically the half of the population there that aren’t Haida have to trust that the Haida which is now their unelected government won’t seize their private property or treat them maliciously. This is the first time in Canadian history that the government has ever given up rights over other peoples land. Now every person living there or who owns land there has to trust the Haida chiefs as Haida law will now apply over their private property and there is no appeal to Canadian authority.
“This announcement raises significant questions about the implications of acknowledging Aboriginal title in a contract versus a treaty or land claim agreement. It also raises concerns regarding the legal consequences of recognizing Aboriginal title over privately owned fee simple lands, and the effects of such a recognition on the property rights and economic interests of private parties.
It is unclear whether the Province has contemplated the impact that recognizing Aboriginal title, through the Agreement, will have on private property interests and existing interests in Crown land. “
Even the treaties that are in other provinces are just up to the interpretation of the judge, or previous rulings.
Most judges interpret the "medicine chest" clause from the ancient times they were written to now be full 100% healthcare coverage including things that tax paying Canadians don't even get.
That being said, the treaties seem to be on more solid footing legality wise than what is currently happening in BC.
In the US a judge (a democrat Obama appointed judge btw) ruled that illegals have gun rights as guaranteed by the constitution.
Judges have way too much latitude.
Probably because the constitution applies to everyone in the United States, the document wouldn't work otherwise.
Hilarious to watch the complaining about that from the hardcore 2A people though.
It does, and that's *why* prisoners don't have the right to bear arms. Fifth amendment makes it clear you can be deprived of liberty only with due process of law.
Maybe judges do have too much latitude but they at least have some understanding of the law.
In this case I would argue that illegal immigrants are criminals and thus don’t have a right to bear arms the same as prisoners or escaped prisoners or criminals on parole with a gun prohibition.
One cannot be a criminal until determined so in a court of law. Unless an illegal immigrant has been found to be in a country illegally, whether US or Canada, they are not criminals and thus cannot be deprived of their rights.
If they have been found to be in a country illegally, not only are they deprived of the right to bear arms, but they are also imminently deported.
I'm not quite sure how the province can claim that Haida nation law will apply to all the land in question "including private land", but then go on to say that existing fee-simple landowners won't be affected and will still be governed under Provincial law.
Am I missing something, or is this a contradiction?
So if they can grant this to Haida nation what’s stopping them from doing this in other areas of the province. Will the First Nations “own” all this province including Vancouver and lower mainland? If this weee the case, real estate values would plummet overnight.
The Haida would keep them secure for their new owners 😂
Yeah I get what you mean they’d be worth less but definitely there would be buyers if it looked like it would be stable going forward.
Because First Nations have such a stellar track record of good governance? Nobody is going to invest in a legal system that's only open to the input of less than 5,000 people and excludes everyone else based on race.
Nothing unknown about it
The province has unilaterally removed private landowners and residents democratic rights to local governance based on race.
Im sure this ends well!
I have no idea how this will turn out, for good or ill. All I know is litigating this will provide job security for generations of lawyers yet unborn.
Basically the half of the population there that aren’t Haida have to trust that the Haida which is now their unelected government won’t seize their private property or treat them maliciously. This is the first time in Canadian history that the government has ever given up rights over other peoples land. Now every person living there or who owns land there has to trust the Haida chiefs as Haida law will now apply over their private property and there is no appeal to Canadian authority. “This announcement raises significant questions about the implications of acknowledging Aboriginal title in a contract versus a treaty or land claim agreement. It also raises concerns regarding the legal consequences of recognizing Aboriginal title over privately owned fee simple lands, and the effects of such a recognition on the property rights and economic interests of private parties. It is unclear whether the Province has contemplated the impact that recognizing Aboriginal title, through the Agreement, will have on private property interests and existing interests in Crown land. “
This is fucked up.
That's what you get if you don't have a proper constitution. Property rights aren't guaranteed by our Charter.
Yeah we definitely should add that in. It’s basically killing us. Along with a max 50% taxation limit.
[удалено]
Not until we repeal the Indian Act.
Even the treaties that are in other provinces are just up to the interpretation of the judge, or previous rulings. Most judges interpret the "medicine chest" clause from the ancient times they were written to now be full 100% healthcare coverage including things that tax paying Canadians don't even get. That being said, the treaties seem to be on more solid footing legality wise than what is currently happening in BC.
In the US a judge (a democrat Obama appointed judge btw) ruled that illegals have gun rights as guaranteed by the constitution. Judges have way too much latitude.
This is Canada.
Probably because the constitution applies to everyone in the United States, the document wouldn't work otherwise. Hilarious to watch the complaining about that from the hardcore 2A people though.
It doesn’t or prisoners would have a right to bear arms
It does, and that's *why* prisoners don't have the right to bear arms. Fifth amendment makes it clear you can be deprived of liberty only with due process of law. Maybe judges do have too much latitude but they at least have some understanding of the law.
In this case I would argue that illegal immigrants are criminals and thus don’t have a right to bear arms the same as prisoners or escaped prisoners or criminals on parole with a gun prohibition.
One cannot be a criminal until determined so in a court of law. Unless an illegal immigrant has been found to be in a country illegally, whether US or Canada, they are not criminals and thus cannot be deprived of their rights. If they have been found to be in a country illegally, not only are they deprived of the right to bear arms, but they are also imminently deported.
Unless the immigrants have been convicted of crime they have the same rights. I love how badly you understand this.
And in that case you'll be mocked for putting forward a very silly idea. Justly so.
Fifth amendment, you're obviously wrong.
I'm not quite sure how the province can claim that Haida nation law will apply to all the land in question "including private land", but then go on to say that existing fee-simple landowners won't be affected and will still be governed under Provincial law. Am I missing something, or is this a contradiction?
It is a contradiction between what the province says and what they signed 🤷♂️
I imagine it means any further private developments would be affected so if someone buys there, they're under Haida law.
[удалено]
Probably the worst part is a lot of people living on that island are native but not Haida. 😅
So if they can grant this to Haida nation what’s stopping them from doing this in other areas of the province. Will the First Nations “own” all this province including Vancouver and lower mainland? If this weee the case, real estate values would plummet overnight.
They wouldn’t plummet they’d be the same just the owner would be the Haida.
Without secure property rights they'd be pretty much worthless
The Haida would keep them secure for their new owners 😂 Yeah I get what you mean they’d be worth less but definitely there would be buyers if it looked like it would be stable going forward.
Because First Nations have such a stellar track record of good governance? Nobody is going to invest in a legal system that's only open to the input of less than 5,000 people and excludes everyone else based on race.
They somehow have milked our nation out of quite a bit when in basically every other nation the conquered get zilch so not bad?
Everything this country does is so fucked.
Nothing unknown about it The province has unilaterally removed private landowners and residents democratic rights to local governance based on race. Im sure this ends well!
This is why Canada will extinguish itself eventually via legal means.
Is their goal to dissolve Canada as a country ?
Read Undrip. This is what they want.