Tag Archives: Lawyers

‘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.ERBLCanadianCourtsMakingThingsWorse800x800‘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.” 

Continue reading ‘Canadian Courts Making Things Worse’

‘How The Aboriginal Industry Wins In Court’


“…in Indian treaty rights cases, the standards of evidence and logic are not what they are elsewhere…

“In these trials by history (i.e, law office history), watching the highly-skilled, forceful attorneys at work serving the Indian cause was a thoroughly eye-opening experience.

“From them, I learned much about the selective use — and suppression of — historical and anthropological evidence…” 

ERBLHowTheAboriginalIndustryWinsInCourt800x800The Canadian people have been confused by a series of court rulings that have re-opened the issue of who owns Canada — 150 years after the fact.

Clearly-written Treaties — contracts with the simplest language possible — are “re-interpreted” and end up meaning the opposite of what they so obviously say.

Canadians justifiably wonder just what in the hell is going on in these courtrooms: Continue reading ‘How The Aboriginal Industry Wins In Court’

‘A History Lesson for Bob Rae’


“No doubt, as a partner in his new law firm, it’s “an exciting  time to be practising aboriginal law.” 

ERBLAHistoryLessonForBobRae800x800“In this area of litigation {‘aboriginal law’}win or lose, counsel for Indian bands usually get their legal fees fully paid by the Canadian taxpayer.

“But Bob Rae is wrong and unfair to our British and Canadian ancestors to state the written treaties were “forced on” the Indian bands who signed them, and that they were deliberately “starved into submission”.

“This totally unsupported assertion is gravely insulting to our forefathers, who generally acted honourably and sympathetically towards the Indian bands with whom they were treating.  Continue reading ‘A History Lesson for Bob Rae’