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The Constitutional Dimensions Of Aboriginal Title, Brian Slattery Jul 2015

The Constitutional Dimensions Of Aboriginal Title, Brian Slattery

Brian Slattery

As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This paper argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held ...


The Legal Basis Of Aboriginal Title, Brian Slattery Jan 1992

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


The Legal Basis Of Aboriginal Title, Brian Slattery Dec 1991

The Legal Basis Of Aboriginal Title, Brian Slattery

Brian Slattery

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands Jan 1976

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.