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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.
Comprehensive claims are assertions of Aboriginal title by Indigenous groups over their ancestral lands and territories. Following the 1973 Calder decision, in which the existence of Aboriginal title was first recognized in Canadian courts, the Canadian government implemented the Comprehensive Land Claim Policy. It is through this process that ...
That was the pattern of land ownership in the earliest British settlements in what is now eastern Canada. When the Crown granted land to settlers, the land grant normally included all minerals, other than precious minerals. [6] The result is that in Ontario, Quebec, and the four Atlantic provinces, much of the mineral rights are privately owned ...
In 1956, the Government of Canada purchased 6 km 2 (1,500 acres) of the land previously owned by the Sulpicians for the Mohawks to live on, but did not grant this land reserve status. [ 12 ] In 1975, the Mohawk Council submitted a comprehensive land claims asserting Aboriginal title to lands along the St. Lawrence River , the Ottawa River and ...
Aboriginal title is a beneficial interest in land, although the Crown retains an underlying title. [5] The court set out a number of conditions which must be met in order for the Crown to extinguish Aboriginal title. [6] The court, 10 years later, in Tsilhqot'in Nation v. British Columbia, rejected all Crown arguments for Aboriginal title ...
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
Aboriginal peoples in Canada are defined in the Constitution Act, 1982 as Indians, Inuit and Métis.Prior to the acquisition of the land by European empires or the Canadian state after 1867, First Nations (Indian), Inuit, and Métis peoples had a wide variety of polities within their countries, from band societies, to tribal chiefdoms, multinational confederacies, to representative democracies ...
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. [1] Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups.