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Aboriginal land title in Canada information


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In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.[1][2][3][4] The Supreme Court of Canada has characterised the idea that aboriginal title is sui generis as the unifying principle underlying the various dimensions of that title.[2][5] Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights.[6] Aboriginal title refers to the concept of a sui generis right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment.[6][7]

  1. ^ "Guerin v. The Queen, [1984] 2 SCR 335". Supreme Court of Canada.
  2. ^ a b "Delgamuukw v. British Columbia, [1997] 3 SCR 1010". Supreme Court of Canada.
  3. ^ "R. v. Sparrow, [1990] 1 SCR 1075". Supreme Court of Canada.
  4. ^ Slattery, Brian (2007-01-01). "THE METAMORPHOSIS OF ABORIGINAL TITLE". The Canadian Bar Review. 85 (2). ISSN 0008-3003.
  5. ^ "R. v. Van der Peet, [1996] 2 SCR 507". Supreme Court of Canada.
  6. ^ a b "Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4". Supreme Court of Canada.
  7. ^ Allard, France (2012). Private law dictionary and bilingual lexicons. Property. Cowansville, Québec, Canada. ISBN 978-2-89635-731-4. OCLC 806536250.{{cite book}}: CS1 maint: location missing publisher (link)

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