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Publications
WHAT'S NEW SEPTEMBER
2008
Cases
Australia
Eringa, Eringa No 2, Wangkangurru/Yarluyandi
and Irrwanyere Mt Dare Native Title Claim Groups v The State of
South Australia
[2008] FCA 1370
Determination of native title by
consent recognising the rights and interests of the Thalanyji
people. See also the
media release for more information.
Akiba on behalf of the Torres Strait
Regional Seas Claim People v State of Queensland (No 4)
[2008] FCA 1446
Interim determination concerning the
Torres Strait Regional Sea Claim. The court ordered that the sea
claim be split into two parts, to be called "Sea Claim Part A" and
"Sea Claim Part B". Part A will be considered separately and before
Part B. This will mean that the rights and interests of the Kaurareg
People will determined at a later date and independently of the rest
of the sea claim lodged by the Torres Strait Islanders.
International
Wii'litswx v. British
Columbia (Minister of Forests),
2008 BCSC 1139
Decision concerning the
constitutional duty to consult. Extract from the decsion:
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The petitioners are
the Hereditary Chiefs of the Gitanyow Nation (“Gitanyow”). They
bring this petition on behalf of Gitanyow for judicial review of
the decision of the respondent Mr. W.I. (Bill) Warner, Regional
Director of the respondent Minister of Forests (“MoF”), approving
six forest licence (“FL”) replacements pursuant to s. 15 of the
Forest Act, R.S.B.C. 1996, c. 157, which cover portions of
Gitanyow traditional territory. The petitioners allege that, in
the course of making that decision, the respondent Crown failed to
adequately perform its duty to consult with Gitanyow and
accommodate its aboriginal interests, as mandated by the Supreme
Court of Canada in Haida Nation v. British Columbia (Minister of
Forests), 2004 SCC 73, [2004] 3 S.C.R. 511 [Haida], and Taku River
Tlingit First Nation v. British Columbia, 2004 SCC 74, [2004] 3
S.C.R. 550 [Taku]. They accordingly seek relief in the nature of
certiorari, mandamus, and prohibition, as well as related
declaratory relief.
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[The Crown
acknowledges that it had a constitutional duty to meaningfully
consult with Gitanyow in good faith, and to seek to accommodate
its asserted aboriginal rights and title, in the course of the
decision to replace the FLs. The Crown says that Mr. Warner and
the MoF, on its behalf, engaged in a reasonable process of
consultation, and provided interim accommodations appropriate to
Gitanyow’s interests. They argue that the petition should
accordingly be dismissed.
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There is no dispute
between the parties as to the applicable law, and little
disagreement about the facts. The sole issue is the adequacy of
the consultation and the accommodations reached in the course of
the Crown’s decision to replace the FLs.
Events
Indigenous Land Use Agreements
Native Title Determinations
Native Title in the News
Yesterday the Registrar of Indigenous
Corporations, Mr Anthony Beven, announced that two Queensland based
Registered Native Title Bodies Corporate (RNTBC) have been placed
under special administration—Walmbaar Aboriginal Corporation and
Dhubbi Warra Aboriginal Corporation.
Publications
Journal articles
Mansfield, J, ‘Rethinking the
procedural framework’ Native Title News (2008) Vol. 8 Iss. 10 pp.
163-166
Hiley, G, ‘Is native title as fragile
as the public right to fish?’ Native Title News (2008) Vol. 8 Iss.
10 pp. 166-167
Brennan, S ‘Government expropriation
for private profit hits Aboriginal land hardest’ Indigenous Law
Bulletin (2008) Vol. 7 Issue 6 pp. 2-3
Davis, M ‘Indigenous rights and the
constitution: making a case for constitutional reform’ Indigenous
Law Bulletin (2008) Vol. 7 Issue 6 pp. 6-8
Marks, G Ownership, sovereignty and
coexistence: introductory remarks to ILA/HREOC seminar "Indigenous
Peoples and Sovereignty", 14 November 2004 Indigenous Law Bulletin
(2008) Vol. 7 Issue 6 pp. 21-23
Papillon, M ‘Aboriginal
Quality of Life Under a Modern Treaty: Lessons from the Experience
of the Cree Nation of Eeyou Istchee and the Inuit of Nunavik,’
IRPP Choices, vol 14, no. 9, August 2008.
Conference and seminar papers
Hooke, M ‘Opening
Address’ paper presented at the Annual Sustainable Development
Conference, Sky City, Darwin, Northern Territory, 15-19 September
2008.
(Sourced from
NNTT Judgements and Information email alert service and the Federal
Court’s Native Title Bulletin)
For previous additions of What's New click here.
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