Keewatin v. Ontario (Natural Resources), 2013 ONCA 158 holds that Treaty obligations bind the Crown as a whole, both Federal and Provincial, and that the respective Crown to deal with specific matters is determined by the Constitution Act, 1867 and the division of jurisdiction set out therein:
[139] The promise made in the harvesting clause is that of the Crown, not Canada. The two levels of government are "separately invested by the Crown with its rights and responsibilities as treaty maker and as owner respectively": Annuities Case, at p. 645. As Prime Minister Robert Borden stated in the House of Commons when explaining the effect of the 1912 Legislation, the land is always vested in the Crown and the "only question is by whose advice shall that land be administered.... This land, like the rest of the land within the limits of Ontario, will be administered by the Crown on the advice of the provincial government": House of Commons Debates, 12th Parl., 1st Sess., No. 2 (27 February 1912), at p. 3906.
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[211] Ontario must respect those rights and manage changes to them in accordance with the honour of the Crown and s. 35 of the Constitution Act, 1982. Ontario cannot take up lands so as to deprive the First Nation signatories of a meaningful right to harvest in their traditional territories. Further, honourable management requires that Ontario, as the government with authority to take up in the Keewatin Lands, must consult with First Nations and accommodate their treaty rights whenever they are sufficiently impacted by the taking up. As noted above, Ontario accepts these constitutional obligations.
[212] These significant protections, grounded in the honour of the Crown and s. 35 of the Constitution Act, 1982, revolve around direct interaction between Ontario and the First Nation signatories. They do not contemplate the involvement of an additional level of government. In other words, Ontario is not subject to federal supervision in carrying out its obligations.
1 comment:
I'm afraid Harper said. I am the law. I make the rules. Harper is no Conservative, is rule number one, we must see through.
Harper was Policy Chief of his, Northern Foundation Party of 1989. If you read about, Hitler's early political days? Harper is a dead ringer. Harper's lies, corruption, deceit, cheating to win and control, is pretty hard to miss.
The idea Harper has ever obeyed Charters, Treaties or laws, is laughable. Canada is a Democracy? Convince me? We everyday Canadians have no rights nor say in this country, what-so-ever.
Harper is a very evil Dictator. How can anyone with self respect, morals and ethics, support a monster such as Harper? We went to war, so we wouldn't have an evil Dictator running this country. Our young Canadian boys, died for nothing. Harper is certainly not worth, their fighting and dying for, now is he?
Isn't Harper telling us? To stick our Democracy, our Charter,the Treaties, Civil Rights and Liberties, where the sun doesn't shine?
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