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![]() Canada ignites native title rowAdvertiser - 9th January 1998Author: MICHAEL McKINNON in Canberra
A CANADIAN Supreme Court decision giving mineral rights to indigenous
people did not mean Aborigines could claim similar rights in
Australia, the Special Minister for State, Senator Minchin, said
yesterday.
The court's ruling was followed by an apology to native Indians by the
Canadian Government, which provoked criticism of the Australian
Government yesterday.
The Acting Prime Minister, Mr Fischer, denied any comparison between
Canada and the Howard Government's refusal to apologise to Aboriginal
people forcibly removed from their parents in the 1960s.
But indigenous social justice commissioner Mr Mick Dodson said Canada
had adopted an inclusive and healing approach while the Howard and
Fischer approach lacked leadership.
``Again, Mr Fischer, on behalf of the Government, raises excuses and
not reasons,'' Mr Dodson said.
The Federal Opposition Leader, Mr Beazley, said Canada's apology had
given the Howard Government another opportunity to rethink its stance.
The acting Australian Democrats leader, Senator Natasha Stott Despoja,
said Australia was showing itself to be out of step with other
nations.
The Canadian Supreme Court's decision ~ released on December 11 ~
found native Indians could claim mineral rights and that compensation
would ordinarily be required when native title is infringed.
Yesterday, Senator Minchin admitted the Canadian court decision could
be reviewed by Australia's High Court given it was ``currently true
that Anglo-American courts would have some regard to decisions made by
other courts''.
He said the Government's initial assessment was the Canadian Supreme
Court decision ~ which was partially based on the Mabo case ~ would
have no ramifications for Australia.
``The most significant aspect of the Canadian decision was the view
that Aboriginal title embraced mineral rights,'' he said.
``Australian minerals are generally owned by the Crown,'' he said.
``The Mabo decision means that where the Crown has asserted ownership
of land then native title is extinguished.
``Our clear understanding is any such claim would fail.''
Mr Minchin said that in NSW, title to some areas had included mineral
rights. But he said that the Government's act in granting title
effectively extinguished native title.
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