The Trespass to Property Act will most likely end up before the courts.
That is the conclusion drawn by Attorney General and Justice Minister Don Morgan following a meeting with Federation of Sovereign Indigenous Nations Chief Bobby Cameron Friday.
Cameron has maintained that First Nations should have, but were not consulted on the legislation, prior to it being tabled in the Legislative Assembly in November.
“The position that they are advancing and will most likely going to court on, is that it [Trespass Act] affects Indigenous Rights. Our position is that it does not change any of the Rights as they exist right now. That will ultimately have to be something resolved by the courts,” Morgan said.
Morgan says that the government and the FSIN agree that hunters should require permission before accessing private land.
But, the FSIN fears that traditional activities could be infringed.
“These changes to trespass laws were introduced with no consultation with First Nations even though they have the potential to undermine our Treaty and Inherent Rights,” says Cameron. “We are currently undertaking a legal review of the legislative changes and we will be looking at legal options to challenge any laws which undermine our Treaty Rights.”