REJECTION OF THE “POSTAGE STAMP” APPROACH TO ABORIGINAL TITLE: THE TSILHQOT’IN NATION DECISION

pdf: REJECTION OF THE “POSTAGE STAMP” APPROACH TO ABORIGINAL TITLE: THE TSILHQOT’IN NATION DECISION
Resource Description: 

This paper sets out to discuss aspects of the physical occupancy element of the test for Aboriginal title, and how Vickers J. interpreted and applied Marshall; Bernard in the recently released Tsilhqot’in Nation decision. Tsilhqot’in Nation is the most recent Aboriginal title case since the Supreme Court of Canada decided Marshall; Bernard in 2005. In fact, that SCC decision was released during the trial of Tsilhqot’in Nation, and the interpretation of its principles in and impact on the present case were hotly contested by all parties.

Found in: 
Legal, Rights & Title, Traditional Knowledge, Use & Occupancy

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