The troubled sequel: Canadian aboriginal title revisited in the BC Court of Appeal

Young, Simon (2012) The troubled sequel: Canadian aboriginal title revisited in the BC Court of Appeal. Australian Property Law Bulletin , 26 (10). pp. 147-150. ISSN 0812-2854

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Abstract

The Court of Appeal for British Columbia has recently handed down the much-awaited decision in William v British Columbia1 -- an appeal from a 2007 Supreme Court decision regarding an important Canadian Aboriginal title and rights claim. On the subject of Aboriginal title, this litigation is a slow-coming sequel to the watershed contemporary Canadian case of Delgamuukw v British Columbia. It addresses the important question of exactly what level of historical occupation is required for an Aboriginal title claim -- the trial judge steering a middle path between arguments presented, but the Court of Appeal taking a significantly narrower approach.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: No
Item Status: Live Archive
Additional Information: Accepted version deposited with blanket permission from the publisher. Originally published: Young, Simon (2012) The troubled sequel: Canadian aboriginal title revisited in the BC Court of Appeal. Australian Property Law Bulletin , 26 (10). pp. 147-150. ISSN 0812-2854
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 30 Sep 2014 06:01
Last Modified: 08 Oct 2014 04:16
Uncontrolled Keywords: native title; aboriginal title; indigenous land rights
Fields of Research : 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 > 180119 Law and Society
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/26069

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