The Court of Appeal for Yukon has overturned a territorial Supreme Court land claim decision that ruled the courts don’t have the authority to enforce promises made by the Crown more than 100 years ago. The Ross River Dena Nation says documents from 140 years ago, which transferred land to the government to form Yukon, promised compensation and to protect the nation’s rights to the land. Canada argued the promises were never meant to be kept and the courts never meant to enforce them. Canada said today’s courts also don’t have jurisdiction to settle the issue because in 1870 the courts would not have been able to force the Crown to keep its promises. The lower court agree, so the First Nation appealed. And the Appeal Court determined the Supreme Court judge was asked and answered the wrong question. Would the courts have had any authority to enforce Crown promises made in 1870? Though the Supreme Court said no, the appeals court has sent the case back to trial. The final decision could re-write land claim law, the First Nation believes. - See more at: ammsa/publications/windspeaker/court-appeal-yukon-overturns-territorial-supreme-court-land-claim-decision#sthash.CkMsCjnz.dpuf ammsa/publications/windspeaker/court-appeal-yukon-overturns-territorial-supreme-court-land-claim-decision
Posted on: Sat, 15 Jun 2013 01:48:03 +0000
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