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*Tyendinaga.
Not a law prof but the short answer is no. An appellant can cite out-of-country case law as part of their argument, and a court can reference foreign case law in its rulings, but its application and relevance to our laws and systems as well as the matter at-hand would have to be very strong. It might be worthy of consideration but foreign law cannot directly be precedent.
The protest/blockade was in sympathy for events out west and not against CN directly. While the protest would be on what is considered as traditional territory, it was not on identified FNT lands. They could have just as easily shut down the 401. Quite frankly, they could have disrupted both CN and CP if they had moved a little west, although no road crossing.
Ha. He's certainly not the only one. I think George Bush was famous for a few, like "misunderestimate". I tend to cut any public speaker a bit of slack. Unless you are reading off a teleprompter, the brain and mouth don't have any slack. High profile politicians speak in public so much that it's bound to happen, and few of them are English majors. But, sometimes it is so damned funny.
This is where I know what I do not know and I let the ones that do do as they need to.
It was on identified First Nation Territory land.
www.thestar.com
I defer to your more in-depth knowledge and obvious passion surrounding the issue, but stand by my statement that, according to the coverage at the time, *that* protest was in support of western events. Also, that the blockade site was outside of the bounds of the Mohawk Territory as shown on most maps. According to the Mohawks of the Bay of Quinte website, the Cuthbertson Tract claim is east of the current boundaries of the Territory and not in the area of that event.It was on identified First Nation Territory land.
In particular it was on the Culbertson Tract, taken by the crown in 1837, who chose to ignore Treaty 3½, and they've been disputing it since then . Both the CN and CP mainlines pass through this tract, for which neither has legal title to, given subsequent court rulings.
The courts ruled a decade ago that the land belongs to the First Nations, and the government has been offering a cash settlement; but no agreement was reached at that time.
The timing of this particular protest was related to events in BC, but they have acted independently in the past - such as when they've closed both the 401 and CN tract.
Protests block 401, rail lines
Canada’s busiest highway was shut down for 11 hours today and rail lines were closed to passengers and freight for even longer as a rogue Mohawk protester ignored calls for a peaceful day of action by aboriginals and set out to disrupt the country’s economy.
Since 2020, a partial settlement has been reached, but much of the land is still in dispute. Personally, I'd have not waited 200 years for a settlement. And in 2020 I was saddened by the racist comments I heard from some that the police and government should force the blockade to end. We've discussed this identified FNT land before in one of the threads.
Something is not quite right about those numbers, as they show ridership in 2022 and 2021 on the Maple Leaf. In fact, ridership in 2022 was almost as high as it was in 2019. The only thing I can think of is that the Maple Leaf continued to run during COVID, but terminated in Niagara Falls, NY and much of the 2023 ridership is south of the boarder O&D.
