President Kayla and Incoming President Kathryn welcomed our club members and their guests to 2022 at Lake Country Rotary!
Our Guest Speaker: Lorne Ternes on ‘Indigenous Land Claims’ (Part 1 of 2)
Lorne Ternes is a visionary leader providing counsel to industry, diverse senior elected and appointed government and Aboriginal leaders. He has a reputation for delivering successful outcomes to complicated conflict situations through collaboration and innovation.
Working as a land agent gave Lorne insight regarding the necessity for effective management of the changing resource industry and community expectations. He appreciates his early work experience for providing a solid foundation of understanding regarding the intricacies of resource development in Canada. Lorne served as an Alberta cabinet appointed Part-time Hearing Commissioner for the Alberta Energy Regulator from 2013 to 2018. He continues to be actively engaged in natural resource development and Indigenous matters.
Lorne, who is now building a home in Okanagan Centre, spoke about The Origin and Constitutionalization of Aboriginal and Treaty Rights in Canadian Law covering the following areas in great detail and the scribe apologizes for any incorrect notes.
- Aboriginal rights as historical rights
- Treaty rights flowing from royal proclamation
- Metis scrip as historic rights
- Aboriginal and treaty rights as recognized at common law and recognized as affirmed constitutional rights
- 1523 Sublimis Dei – the theme that ‘aboriginal people have rights that are recognized and enforced by the state’ was adopted by the British Crown and applied in the Royal Proclamation of 1763
- The objective of the Royal Proclamation of 1763 was to have peaceful relations with the “several Nations or Tribes of Indians with whom we are connected” – this proclamation is the reason Indigenous peoples see their relationship as being with The Crown, as opposed to with the government of Canada
- Aboriginal rights can be modified into Treaty rights – Aboriginal rights are those that some Aboriginal peoples hold as a result of their ancestors’ long-standing use and occupancy of the land. Treaty Rights are special rights to lands and entitlements that Indian people legally have as a result of treaties; ‘definition of Undefined rights’ is through litigation and negotiation.
- Metis Rights as Historic rights – concept is that the Crown acknowledged that Metis had rights, but were not considered to be Indians, (they were ‘mixed race) but they had ‘scrip’ documents with coupons. The concept was that these would be issued to Metis people, who had the option to trade them for land. Unfortunately, most of the scrip docs were bought up by speculators at a discounted rate, and many Metis lost the land entitlement represented by the scrip document. These speculators then sold this land to settlers moving into the area. The change of Aboriginal and Treaty rights into legally recognized rights was a long journey.
What have been drivers of change?
1982 – constitutional talks led to Constitution Act
S35 recognized existing aboriginal and treaty rights and defined A people to include Indian, Inuit and Metis
S52 said that the constitution of Canada is the supreme law, and no other law has force or effect against it; this is the ‘sword’ to protect existing Aboriginal treaty rights against any laws or practices which are inconsistent with the Constitution Act EXCEPT there is no definition of Aboriginal or Treaty rights – which are therefore litigated, negotiated and then legislated
There have been over 70 Supreme Court of Canada decisions on S35 since 1982
There has been development of Justification and Calibration tests, definition of Metis Aboriginal Rights; duty to consult in treaty areas, taking up land, aboriginal title and more.
Our club welcomed Lorne back for PART 2 - there is so much to know and learn. And welcome to Lake Country Lorne!
Club News for 2022...
Happy/Sads: Reflections on family visits over the holidays, losing family members, large family dinners; multi-languages; scrabble, post-holiday travel, snowshoeing around Lake Country with Jim’s dog
Sheriff Monika - oh no, look out, she's back! Monika quized members on differences between Biden and Trump, removal of Trump ‘comforts’ from Oval; Texas 5th grade boy cashed $60 shares of XXX for $3200; Tessica Brown went viral using household product Gorilla Glue off-label way (on her hair) and posted after-effects: she got 28 Million viewers; Drunk American man on Frontier Airlines flight was groping flight attendants, who retaliated by duct-taping him to his seat. Mars Rover discovered new lava flow - Rover is called ‘Perseverance’; countries celebrating first at Japan Olympics: first Olympic medal of any kind…San Marino became the smallest country to ever medal; McKenzie Scott donated $1.74B to arts in June, 2021.
- 2022 Spring concert at Creekside with Andrew Johns – Margaret booked for June 11; need a quick Zoom with Executive to discuss; Kathryn and Margaret to arrange in Kayla’s absence
- 2022 Community events: Save On Cards: Ken and Upcoming Lobster Crawl on Feb 25 at Beasley Park – contact Judy to join organizational team or to volunteer. Most of the prep/bag filling will happen inside ‘house’ at Beasley