Pay up or leave

[tango]

That's not what I was speaking to, but the SCC, does not only decide on the basis of law. There are many considerations to their rulings, not the least of which is the ability to govern the country as also mentioned in the Charter (you know, the section that you deny the power of).

The Charter is law.

I would like to see our government produce an accounting of Six Nations trust fund.

I think that is a reasonable request, and I'm not sure how or why they get away with not doing that.

[g_bambino]

The Charter is law.

Yes, it is; well done!

As such, the very first clause of the Charter must be taken into consideration for any Supreme Court ruling:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. [Emphasis mine]

Given that a $1 trillion settlement would bankrupt the Crown, thereby destroying our free and democratic society, I highly, highly doubt anyone will ever get such a ridiculously astronomical amount of money out of the Queen-in-Council.

[tango]

Yes, it is; well done!

As such, the very first clause of the Charter must be taken into consideration for any Supreme Court ruling:

Given that a $1 trillion settlement would bankrupt the Crown, thereby destroying our free and democratic society, I highly, highly doubt anyone will ever get such a ridiculously astronomical amount of money out of the Queen-in-Council.

Given that we've taken the money over a period of a few hundred years, it is time to start returning it.

[jbg]

Given that we've taken the money over a period of a few hundred years, it is time to start returning it.

From who, and with what money?

Yours?

[tango]

TransCanada pipeline encroaches on aboriginal territorial rights

Lubicon fight proposed TransCanada pipeline

April 04, 2008

by: Kate Harries

TORONTO – The Lubicon Lake Indian Nation in northern Alberta is gearing up to fight a proposed jumbo pipeline that would carry natural gas from the Mackenzie Valley in the west to the oil sands developments to the east.

The $983 million proposal follows a history of industrial development across the unceded Lubicon territory that has left the 500-member Cree nation impoverished, poisoned and disregarded by Canada and Alberta – despite criticism about violations of their rights from two United Nations committees.

”It’s a devastating situation where there is all kinds of activity around our traditional hunting and trapping areas,” Lubicon Chief Bernard Ominayak said when he traveled to Geneva two years ago. ”It’s polluting most of our waters – we have to haul our own water and we can’t eat the fish any more.”

TransCanada Pipelines filed an application last November for the 185-mile pipeline, stating that it had consulted extensively regarding the pipeline route with stakeholders, including affected First Nations, and received no objections.

That prompted an indignant denial from the Lubicon.

TransCanada representatives never provided answers to repeated questions about construction, operations, safety issues and mitigation measures, and ignored a request that the company recognize Lubicon jurisdiction before applying to the provincial regulatory board, said Lubicon lawyer Fred Lennarson. ”TransCanada’s so-called ‘engagement program’ is clearly not a sincere effort to inform the Lubicon people about the project,” Lennarson wrote in a letter to company lawyer Line Lacasse in January.

The Lubicon have been struggling against the oil industry for decades. Their worst fears have been realized - poisoned water, game scared away ... and still the province (Alberta) and federal governments do not fulfill their legal duty to consult with First Nations about development on their land.

We get rich off the oil, they starve and are poisoned and get no compensation.

And yet, TransCanada Pipeline posts pretty policies about its 'Aboriginal Relations', that signify ... nothing!

TransCanada respects the legal and Constitutional rights of Aboriginal peoples

Sounds good ... BUT!

and recognizes that its relationships with Aboriginal peoples are separate and different from that of the Crown.

http://www.transcanada.com/social/reports.html

That's a sleazy way of saying that the Crown must consult with First Nations and accommodate Aboriginal rights, but the company has no legal obligation to do so.

This is true, and the 'Crown' in Alberta is evading its lawful responsibility, and should be taken to court by the Lubicon. However, desperate as they are for basic food and water, now that their food and water supply is destroyed by industry, its clear they cannot afford to sue the province.

grrr :angry:

We all assume we have a huge pristine water supply up north. Not so: Much of Canada's north it is toxic from mining, oil and other industrial developments.