Excerpts from the IACHR report #105/09 on the admissibility of Hul'qumi'num Treaty Group petition 592-07
37 "...the BCTC process has not allowed negotiations on the subject of restitution or compensation for HTG ancestral lands in private hands, which make up 85% of their traditional territory. Since 15 years have passed and the central claims of the HTG have yet to be resolved, the IACHR notes that the third exception to the requirement of exhaustion of domestic remedies applies due to the unwarranted delay on the part of the State to find a solution to the claim."
37 "...Likewise, the IACHR notes that by failing to resolve the HTG claims with regard to their ancestral lands, the BCTC process has demonstrated that it is not an effective mechanism to protect the right alleged by the alleged victims."
37 " ... there is no due process of law to protect the property rights of the HTG to its ancestral lands"
38 "...the treaty negotiation process is not an effective mechanism to protect the rights claimed by the petitioners."
39. "...none of those judgments [of Canadian courts on aboriginal title cases] has resulted in a specific order by a Canadian court mandating the demarcation, recording of title deed, restitution or compensation of indigenous peoples with regard to ancestral lands in private hands."
41 "...The Commission notes that the legal proceedings mentioned above [the Canadian court cases on aboriginal title] do not seem to provide any reasonable expectations of success, because Canadian jurisprudence has not obligated the State to set boundaries, demarcate, and record title deeds to lands of indigenous peoples, and, therefore, in the case of HTG, those remedies would not be effective under recognized general principles of international law"
43 "...With regard to remedies under the Heritage Preservation [sic] Act ...
the IACHR notes that those remedies are not suitable because they cannot be used to comprehensively and permanently protect all HTG ancestral lands from the actions of their parties because their purpose is not to recognize the HTG's property rights to those lands or the obligation of the State to provide restitution. ... The Heritage Preservation [sic] Act [remedies] are ineffective in permanently resolving the claims of the HTG and of other indigenous groups because those remedies must be filed each time a request for a permit or licence is made that could impact their ancestral lands that are in private hands."
Hul'qumi'num Treaty Group v.
The HTG petition to the Inter American Commission on Human Rights
Case Number: P-592-07
OCT 20, 2011 - HTG and Canada will attend the hearing with the Inter-American Commission on Human Rights in Washington DC on October 28th, 2011 for the final hearing on our case.
The Hul'qumi'num Treaty Group, representing over 6,600 members of the Cowichan Tribes, Chemainus First Nation, Penelakut Tribe, Lyackson First Nation, Halalt First Nation and Lake Cowichan First Nation, has petitioned in the international community to recognize the ongoing violations by Canada of Hul'qumi'num human rights to property, culture, religion and equality under the law.
The Inter-American Commission on Human Rights, a body of the Organization of American States, has admitted a case against Canada for human rights violations of its aboriginal people. The Hul'qumi'num Treaty Group case centres on the 1884 E&N Railway Grant, which made private the entire southeast coast of Vancouver Island.
This website is to provide information about the HTG petition to the Inter-American Commission on Human Rights.
Hul'qumi'num Treaty Group
12611-B Trans Canada Hwy
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