David Khan on the Wet'suwt'en Nation - Coastal Gas Link dispute:
"I recently discussed this issue with Ryan Jespersen on his 630CHED daily morning radio show out of Edmonton. You can listen to it, here.
This brings me to Andrew Coyne's recent column. I really respect Mr. Coyne (a regular columnist and former editor of the National Post editorial pages, and a regular guest on CBC's The National's "At Issue" political panel), and I often agree with his columns.
But his most recent one, concerning the constitutional duty of the government to consult and accommodate First Nations, and the Wet’suwet’en Nation - Coastal GasLink dispute, doesn’t contribute constructively: https://www.theglobeandmail.com/opinion/article-duty-to-consult-fine-but-how-and-with-whom/?fbclid=IwAR01ZaqJQKdBP2-DAFFmUwsbhkGH9MWWTaBTnC002afBlR4Yo9oDNAMmxg0
The Supreme Court of Canada has been clear that Aboriginal title exists whereas in most of British Columbia—no Treaties exist.
The Court has been practically begging governments for decades to resolve this.
Its decisions have become more and more strident as they are not followed by governments. This culminated in its 2014 award of Aboriginal title of a vast area of British Columbia to the Tŝilhqot'in Nation: https://www.cbc.ca/news/politics/tsilhqot-in-first-nation-granted-b-c-title-claim-in-supreme-court-ruling-1.2688332?fbclid=IwAR3KnIEktLBpedGfAWoB8oTy0PvKLWtIbhdgPywb7r57lfNqbEhbj2xs64c
It’s made clear that Indigenous law/governance structures are legitimate.
It’s made clear that where Aboriginal title claims have not been resolved by litigation or negotiation (Treaties), the Constitutional s. 35 duty to consult (and accommodate)—a “sliding scale” depending on the circumstances—is closer to consent.