A Rare Setback for Indian Land Claims
The Supreme Court of Canada made a surprising, unanimous and historic decision in rejecting the $2,500,000,000 land claim by the self-styled, Papaschase First Nation. In a brave decision during today’s climate of acquiescence, the court ruled according to the statute of limitations declaring that the statute seeks to strike a balance between the plaintiff’s interest and the defendant’s right, after a judicious period of time, to organize his affairs without fearing a lawsuit. No mere “legal technicality” as Papaschase Chief Rose Lameman charged, the interests of all Canadians is at stake in the matter which confronts the dismemberment of the nation.
Although underplayed by the national media in Canada, of the historic ruling the Supreme Court also declared that, "This policy applies as much to aboriginal claims as to other claims". It is interesting to note that Justice Alan MacInnes of the Manitoba Court similarly ruled that there was no evidence to support any of the Metis arguments in the even more ambitious bid of the Manitoba Metis Federation to require billions in compensation. Supporting the view that the Supreme Court must take a stand was the disappointment with the ruling of the Manitoba court by David Chartrand, president of the Manitoba Metis Federation. Chartrand reminded us that lower courts typically reject aboriginal claims, but are routinely overturned by the Supreme Court of Canada. He expects the same outcome in the Manitoba in spite of the fact that the Metis case like the Papaschase First Nation's rests on tenuous contentions. Whereas the Papaschase had dwindled to just three individuals in number during the nineteenth century and the Manitoba Metis had largely left Manitoba for the Northwest Territories in the 1860’s; both groups base current claims on supposed populations that include individuals of questionable aboriginal status. For example, of the now 5,000 purported members of the Papaschase spread throughout Western Canada, included are members of the other Indian bands, non-status Indians, Metis as well as people of Caucasian and Asian descent; nearly all, who have come forward since the band began regrouping (signing-up new weakly established members) asserted Lameman.
Canadians whom have been largely mum, if at all aware of the enormity posed by the land claims crisis threatening to devour their country; have allowed misplaced guilt and sympathy toward native plight to yield a string of unwise settlements awarded by politicians crassly chasing votes. For this reason the Supreme Court’s landmark decision is particularly heroic and a landmark vital for the continued existence of the nation, which has come none too soon.
The Supreme Court of Canada made a surprising, unanimous and historic decision in rejecting the $2,500,000,000 land claim by the self-styled, Papaschase First Nation. In a brave decision during today’s climate of acquiescence, the court ruled according to the statute of limitations declaring that the statute seeks to strike a balance between the plaintiff’s interest and the defendant’s right, after a judicious period of time, to organize his affairs without fearing a lawsuit. No mere “legal technicality” as Papaschase Chief Rose Lameman charged, the interests of all Canadians is at stake in the matter which confronts the dismemberment of the nation.
Although underplayed by the national media in Canada, of the historic ruling the Supreme Court also declared that, "This policy applies as much to aboriginal claims as to other claims". It is interesting to note that Justice Alan MacInnes of the Manitoba Court similarly ruled that there was no evidence to support any of the Metis arguments in the even more ambitious bid of the Manitoba Metis Federation to require billions in compensation. Supporting the view that the Supreme Court must take a stand was the disappointment with the ruling of the Manitoba court by David Chartrand, president of the Manitoba Metis Federation. Chartrand reminded us that lower courts typically reject aboriginal claims, but are routinely overturned by the Supreme Court of Canada. He expects the same outcome in the Manitoba in spite of the fact that the Metis case like the Papaschase First Nation's rests on tenuous contentions. Whereas the Papaschase had dwindled to just three individuals in number during the nineteenth century and the Manitoba Metis had largely left Manitoba for the Northwest Territories in the 1860’s; both groups base current claims on supposed populations that include individuals of questionable aboriginal status. For example, of the now 5,000 purported members of the Papaschase spread throughout Western Canada, included are members of the other Indian bands, non-status Indians, Metis as well as people of Caucasian and Asian descent; nearly all, who have come forward since the band began regrouping (signing-up new weakly established members) asserted Lameman.
Canadians whom have been largely mum, if at all aware of the enormity posed by the land claims crisis threatening to devour their country; have allowed misplaced guilt and sympathy toward native plight to yield a string of unwise settlements awarded by politicians crassly chasing votes. For this reason the Supreme Court’s landmark decision is particularly heroic and a landmark vital for the continued existence of the nation, which has come none too soon.
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