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Lawyer asks court to maintain 120 year old ruling giving away native land – CP

9.4.14

Lawyer asks court to maintain 120 year old ruling giving away native land – CP - The federal government argued in a Vancouver court on Monday in defence of its representative as it challenged a decision by a federal tribunal that ruled the land was wrongly excluded from a reserve created for local First Nations.

“We should not be sitting here 120 years later second-guessing O’Reilly’s decision,” lawyer Chris Elsner told a panel of three federal appeals court judges.

“He concluded that the public interest outweighed the First Nation interest, and he was correct.”

The government wants the Federal Court to overturn the February 19 decision by the Specific Claims Tribunal, which said the Kitselas First Nation must be compensated for the land known as Lot 113.


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