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.”
END RACE BASED LAW inc. Canada FEATURE STORIES 