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Black Nova Scotia man 'overjoyed' as struggle for land title moves forward - Global News

Black Nova Scotia man 'overjoyed' as struggle for land title moves forward - Global News

Black Nova Scotia man 'overjoyed' as struggle for land title moves forward - Global News
Aug 09, 2020 1 min, 31 secs

Downey is among scores of African Nova Scotians who have struggled for years to have their title claims recognized.

But now, after he won his case in Nova Scotia Supreme Court, the province says it is going to make it easier for Black Nova Scotians to settle land claims.

In 1963, Nova Scotia passed what is now known as the Land Titles Clarification Act, which aimed to provide African Nova Scotians with a pathway to legal ownership of lands that in many cases had been in their families for decades.

Downey took his case to the Nova Scotia Supreme Court, which last month ordered the government to reassess his application for a certificate of claim after it was rejected on the basis the father of four could not prove he had lived on the land for 20 consecutive years.

Residents in African Nova Scotian communities are more likely to have unclear title to land on which they may have lived for many generations.”.

Scott Campbell, the lawyer who represented Downey at the Supreme Court, said the minister of lands and forestry will issue Downey a certificate of claim “subject to the resolution of any outstanding liens,” or any debts that have been registered against the land.

Nova Scotia has received over 360 land claims to date, she said, and the owners of 130 parcels of land have received title.

He said he hoped the court’s ruling would push Nova Scotia to engage with historical experts and Black community members to better understand how to implement the 1963 Land Titles Clarification Act.

Downey said while his certificate of claim is nearly approved, he and his family still have several steps ahead of them before they can get ownership of the land.

But Downey said his case shows the government can – and should – recognize the land claims of African Nova Scotians

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