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PT's avatar

Thank you for finally getting to the meat of the issue. We cannot succeed as a country if we operate as 10 provincial countries and 200 indigenous countries. Not only can we not succeed in that environment, we aren't even really a country at all in that environment.

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Leslie MacMilla's avatar

In the years since TMX was approved over the objections of one indigenous band (and over the objections of the then-Premier of BC) as Mr. Breakenridge (edited to correct spelling) describes, Parliament has passed legislation to “enshrine” UNDRIP. Retired lawyer Andrew Roman says it doesn’t change any individual law until that law is amended by Parliament to take UNDRIP’s implications into account. No law has been so amended.

However, nothing stops the Supreme Court from deciding a case *as if* UNDRIP modifies the relevant law being cited in the case before it. It could simply say, “Yes, the plaintiff — it might be just one band, or even just one guy—can block this project from happening without its/his consent because this is how we interpret Parliament’s intent when it legislated to enshrine UNDRIP.”

The progressive activist Supreme Court loves to discover group rights and Parliament’s passage of UNDRIP might offer it a golden opportunity to discover a (huge) new one. Effectively Parliament and Cabinet could be made subordinate to an unelected, race-restricted oligopoly that can veto anything that “affects” them.

And short of amending the Constitution to emasculate the Supreme Court, there won’t be a damn thing Canadians can do about it. You can see why Prime Minister Carney is hoping for consensus on everything....or rather why he wants to do nothing where he can’t get consensus.

Since in most cases indigenous vetoes could be bought off with enough money, projects could still get built but much of the return on investment would be siphoned off as rents to every band who wanted to play.

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