Bob Rae

Germany’s Chancellor is showing clear, thoughtful and inspirational leadership.

A global pandemic is just that -

Pretty hard to find social distance in a refugee camp - poverty, terrible housing and intense overcrowding are the daily realities. But think beyond this to ...our own realities in Canada. Isolated indigenous communities are marked by similar conditions. And similar lack of access to medical care and equipment. It takes a crisis like Covid19 to see the full extent of the challenges the world is facing. See more

We’ve got a special guest on #PoliticalStripes this week! Erik Larson, author of The Splendid and the Vile sits down with Bob Rae to discuss his journey in writing about Winston #Churchill. http://bit.ly/2W8Zc0E

Erik Larson has written a brilliant book about Winston Churchill ! Please join the conversation

This is what Chief Justice Beverley McLachlin wrote in the Tsilqot’in decision: Where Aboriginal title has been established, the Crown must not only comply wi...th its procedural duties, but must also justify any incursions on Aboriginal title lands by ensuring that the proposed government action is substantively consistent with the requirements of s. 35 of the Constitution Act, 1982 . This requires demonstrating both a compelling and substantial governmental objective and that the government action is consistent with the fiduciary duty owed by the Crown to the Aboriginal group. This means the government must act in a way that respects the fact that Aboriginal title is a group interest that inheres in present and future generations, and the duty infuses an obligation of proportionality into the justification process: the incursion must be necessary to achieve the government’s goal (rational connection); the government must go no further than necessary to achieve it (minimal impairment); and the benefits that may be expected to flow from that goal must not be outweighed by adverse effects on the Aboriginal interest (proportionality of impact). Allegations of infringement or failure to adequately consult can be avoided by obtaining the consent of the interested Aboriginal group. This s. 35 framework permits a principled reconciliation of Aboriginal rights with the interests of all Canadians. From this we can see three things: 1. Aboriginal title must be established (see Delmaguukw decision). Once established, title is not absolute, but can be infringed by the Crown (BC or federal government) but that infringement has to be justified. 3. Consent can deal with infringement issues. Now that so many things are contested, is it possible for Canada, BC, the Hereditary Chiefs, Band Councils and pipeline companies to agree on a stated reference with an agreed set of facts and an expedited schedule to Supreme Court of Canada, and agree to abide by outcome ? In the interim, protests would not block trains or traffic, RCMP would stand down, and multistake dialogue would continue.