Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Indigenous, Indian, and Aboriginal Law

Schulich School of Law, Dalhousie University

1995

Articles 1 - 1 of 1

Full-Text Articles in Law

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson Oct 1995

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.

Go to article