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Full-Text Articles in Law
The Nature Of Aboriginal Title, Brian Slattery
The Nature Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
The concept of Aboriginal title is an autonomous concept of Canadian common law that bridges the gulf between Indigenous land systems and imported European land systems. It does not stem from Indigenous customary law, English common law or French civil law. It coordinates the interaction between these systems without forming part of them. In effect, it is a form of inter-societal common law.
From Consultation To Reconciliation: Aboriginal Rights And The Crown’S Duty To Consult, Sonia Lawrence, Patrick Macklem
From Consultation To Reconciliation: Aboriginal Rights And The Crown’S Duty To Consult, Sonia Lawrence, Patrick Macklem
Articles & Book Chapters
The judiciary has repeatedly called on First Nations and the Crown not to tax the institutional competence of the judiciary by excessive litigation of disputes, and instead to attempt to reach negotiated settlements . It has also held that the Crown is under a duty to consult with a First Nation when it proposes to engage in an action that threatens to interfere with existing Aboriginal or treaty rights recognized and affirmed by s. 35(1) of the Constitution Act, 1982. In this Article, the authors argue that the duty to consult requires the Crown, in most cases, to make good …
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Articles & Book Chapters
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada relating to aboriginal and treaty rights. It argues that the foundations of these rights lie in the common law doctrine of aboriginal rights, which originated in ancient custom generated by historical relations between the Crown and indigenous peoples, as informed by basic principles of justice. This sui generis doctrine is par t of the common law of Canada and operates uniformly across the country, it also provides the context for interpreting section 35(1) of the Constitution Act, 1982. The doctrine of aboriginal rights has …