Top court upholds Ontario’s logging rights on First Nations land – The Globe and Mail
Aboriginal communities cannot always look to the federal government to protect their rights, after the Supreme Court ruled that the provinces have the power to oversee development of aboriginal lands by outside businesses.
Taken together with the same court’s ruling two weeks ago on aboriginal rights to control their ancestral lands, the decision Friday affirms the rights of provinces but also demands a high standard of those governments in protecting native interests.
In the two rulings, the court has created a “protective shield” for aboriginal communities, according to Brian Slattery, a professor at York University’s Osgoode Hall Law School.
“The ‘honour of the Crown’ has emerged as the overarching constitutional principle,” Prof. Slattery said.
