![]()
CBC News
HALIFAX
Thu Mar 8, 2001Court rules against native
rights on N.S. Crown land
A Nova Scotia judge has found 35
native loggers guilty of illegally harvesting
lumber on Crown land in a decision that is
expected to have a far-reaching effect on
Canada's entire logging industry.
In his ruling, Judge Patrick Curran recognized
that the Mi'kmaq held some rights to land in
Nova Scotia. But he said those rights did not
include the areas where the illegal cutting took
place.
The natives, who were charged in late 1998
and in 1999, argued they had historic rights to
cut and sell logs from Crown land because
their ancestors occupied the area and
harvested trees there years ago.
The treaties entered as evidence in this case
were the same ones used in the Marshall
ruling which eventually overhauled the entire
fishing industry in Atlantic Canada.
Curran's decision means natives cannot
harvest trees on Crown land without the
government's authorization.
The decision will likely be appealed and
observers expect the case to make it all the
way to the Supreme Court of Canada.
It's being watched closely by other provinces,
including New Brunswick, where a similar
case is making its way through the courts.