A CANADIAN Supreme Court decision giving mineral rights to indigenous
people did not mean Aborigines could claim similar rights in
Australia, Federal Special Minister for State Nick Minchin said
yesterday.
The court's ruling was followed by Canada's overnight apology to its
native Indians, with particular regret for the ``tragedy'' of past
decades of abuse at federally funded boarding schools. It provoked
criticism of the Australian Government yesterday.
Acting Prime Minister Tim Fischer yesterday denied any comparison
between Canada and the Howard Government's refusal to apologise to
Aborigines forcibly removed from their parents in the 1960s.
Indigenous social justice commissioner Mick Dodson said Canada has
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.
Federal Opposition Leader Kim Beazley said yesterday Canada's apology
had given the Howard Government another opportunity to rethink its
stance on the issue while acting Australian Democrats leader 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 was infringed.
Yesterday Senator Minchin admitted the Canadian 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.
``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.''
Senator Minchin said that in NSW title to some areas had included
mineral rights but the Government's act in granting title effectively
extinguished native title.
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