JURI-2107EL Lecture Notes - Lecture 11: Sui Generis, Aboriginal Title, Beneficial Ownership
23 Feb 2016
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Indian title is sui generis = inalienable except to crown. Possession and beneficial ownership but not a clear title; cannot sell or transfer in any way irreconcilable with nature of occupation. Land is held by the crown for collective benefit of band. Aboriginal title, the fiduciary role of the crown and land claims evidence. The role and obligations of the crown with respect to indians is one of fiduciary obligations, where the crown acts as trustee of beneficial interests. Guerin v the queen (1984) scc crown must act in interest of the band. Calder v attorney general of british columbia (1973) scc. Aboriginal indian title does not originate in or depend on treaty, executive order or legislative enactment . Aboriginal title is a legal right derived from the indians" historic occupation and possession of their tribal lands. There are three different types of land registry [evolution of the land ownership relationships with the crown]
