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Post by Okwes on Sept 24, 2007 8:32:29 GMT -5
"Non-status Aboriginals Score 'Significant' Victory‹Council," Mark Taylor, The Daily Gleaner (New Brunswick), May 29, 2007, p. A3. Copyright 2007 CanWest Interactive, a division of CanWest MediaWorks Publications Inc. All Rights Reserved.
"The head of an organization representing off-reserve natives in New Brunswick is praising a recent court decision that could result in more rights for non-status aboriginals. 'It's very significant,more r Betty Ann Lavallee, chief of the Fredericton-Betty Ann Lavallee, Aboriginal Peoples Council. 'It now sets down criteria of a non-status Indian'Š A Bathurst Court of Queen's Bench judge upheld late last week a lower court judge's decision that Gerald Lavigne Jr., a non- status aboriginal, should be acquitted of unlawful possession of a firearm while hunting in a closed hunting season and unlawfully hunting moose, deer or bear without a valid licence. In his decision, the judge stated that the defendant had proven he was aboriginal, a part of the aboriginal community and was entitled to the treaty rights of that community despite the fact he didn't have Indian status Sebastien Grammond, a law professor at the University of Ottawa, has been monitoring the Lavigne case. He said the court's decision is an example of how Canadian courts are changing the way non-status aboriginal are looked at. 'They are recognizing that the rules of the Indian Act do not encompass everybody who can legitimately claim to be aboriginal, aboriginal,' he said But Grammond said the decision case doesn't necessarily mean that every non- status aboriginal will become entitled to aboriginal rights."
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