INDIGST 1AA3 Lecture Notes - Lecture 4: Drift Netting, Edward Sparrow, Musqueam Indian Band

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The indian interest in land is truly sui generis (the only one of its kind). It is more than the right to enjoyment and occupancy, although it is dif cult to describe what more than traditional property law terminology . 1988 decision in canadian paci c ltd v. paul. Reserves are federal land holdings set aside for first nation use and occupancy. Aboriginal title is communal (an individual cannot hold aboriginal title) and it is site, fact and group speci c. Particular to a speci c site of land, with particular historical facts and people. Group, i. e. the first nation has to demonstrate that they occupied land as a group of people. Aboriginal rights refer to practices, traditions and customs that distinguish the unique culture of each first nation were practiced prior to european contact. I. e. hunting and fishing are aboriginal rights. Creation stories tell us land is female. Reserves in canada are not under fee simple ownership.

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