Housing

grumpy old man wrote:Pav they can do ANYTHING they want ANYWHERE they want. Who is telling them what and where to do?

Pavolo wrote:Yes but we are going to have to give them land as the courts have said so , and most of the affected land is the land we took from them in the early days . So they are entitled to this per the Supreme Court of Canada .

"declare first interest in land that they could prove historical interest in"

Crown lawyer Harry Glinter said the application for judicial review filed by the bands was confounding.
In a preview of his main argument, Glinter said the bands don't have real rights to Kapyong anyway. Under treaty land entitlement deals, bands can select surplus provincial property or buy surplus federal land. But the Treaty 1 First Nations want Kapyong for free, and moreover, it's not surplus. Instead, it's what's called "strategic" land that has a critical value to a community and must be handed over to the Canada Lands Co. for development instead of sold to the highest bidder.

Freeman wrote:So they apply to court to block the transfer to Crown Lands, but without any legal explanation as to how or why, and the court asks them to explain the how or why, instead of just tossing the issue. And we know that if they did toss it, they would all be racists. What crap!

Anyway, the article explains what the ruling was with regard to land claims, which seems to be quite different from Pav's explanation. I don't know who to believe??

Ottawa's lawyers and Treaty 1 First Nations were prepared Wednesday to begin a judicial review to determine whether the federal government properly consulted the bands before handing over the old River Heights barracks to a Crown development firm.

City officials, developers and affordable-housing activists were hoping the hearing, and a decision expected in a few months, could clear the way for an innovative new neighbourhood to be built at Kapyong.

But in an unusual move, Federal Court Justice Douglas Campbell postponed the hearing and asked lawyers for the First Nations to answer some outstanding questions. Specifically, the judge wanted a written submission detailing just how the First Nations justify their claim to Kapyong based on past treaties and land entitlement deals. Campbell said that, in order to argue that they should have been consulted, the bands must establish their right to the land in the first place.

Pavolo wrote:What the ruling I am reading is saying is they are being given the time to get there case together as they were saying they did not have the time to do this .

Really?

Glinter said the bands have known about Ottawa's plans for Kapyong since 2001 and Ottawa made efforts to consult First Nations. "They have done nothing to assert their claims," Glinter said. "Instead, they have basically sat on their rights until this point."

Pavolo wrote:They will not win this but the goverment will be forced to give them another carrot so in one way they do win .