Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night?

Young, Simon ORCID: https://orcid.org/0000-0002-8835-7164 (2009) Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night? Land, Rights, Laws: Issues of Native Title, 4 (2). pp. 1-16. ISSN 1326-0316

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Abstract

The Canadian decision of Tsilhqot'in Nation v British Columbia (BC Supreme Court, 2007) was a significant step in the resolution of a long-running timber dispute in western Canada, and the most important judicial exploration of Canadian 'Aboriginal title' since the watershed 2002 decision of Delgamuukw. The primary significance of this recent decision for Canada lies in its quite robust conclusions on provincial jurisdictional limitations, and its wrestle with emerging controversies over the exact areas to which the concept of Aboriginal title can attach. For Australian observers, the primary importance of the decision lies, it would seem, in the Court's disinterest in strict 'continuity' inquiries, its clear and pointed confirmation of the comprehensive and contemporary nature of the Aboriginal title interest, and its dissatisfaction with jurisprudential focus on the notion of 'society'. More broadly speaking, the Tsilhqot'in decision prompts renewed reflection on reconciliation processes in both countries, and in many ways reminds us of the self-evidently valuable nature of comparative study. This paper examines the Tsilhqot'in decision against the backdrop of the Canadian legal history, and attempts to explain its significance from both the Canadian and Australian perspectives.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.
Faculty/School / Institute/Centre: Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre: Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited: 24 Jul 2014 05:57
Last Modified: 29 Jun 2020 05:42
Uncontrolled Keywords: land rights; land title; first peoples; indigenous inhabitants
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
18 Law and Legal Studies > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480604 Property law (excl. intellectual property law)
45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450599 Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified
48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480302 Comparative law
Socio-Economic Objectives (2008): C Society > 95 Cultural Understanding > 9505 Understanding Past Societies > 950503 Understanding Australia's Past
URI: http://eprints.usq.edu.au/id/eprint/25614

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