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Full-Text Articles in Law
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
Brian Slattery
This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.
French Claims In North America, 1500-59, Brian Slattery
French Claims In North America, 1500-59, Brian Slattery
Brian Slattery
This article reviews the history of early French explorations in North America in their diplomatic context and concludes that, contrary to common assumptions, there is little reliable evidence that France laid official claim to North American territories prior to 1560 or that it viewed these territories as territorium nullius or denied the capacity and rights of Indigenous American peoples.