POLB30H3 Lecture Notes - Lecture 8: Fiduciary, Judiciary Of Australia, Canadian Aboriginal Law
Document Summary
Lecture 8: aboriginal rights [tsilhquot"in nation v. british columbia and. Definition: aboriginal title is a legal right derived from the indians historic occupation and possession of their tribal lands . It cannot be sold and must be developed in a manner that preserves the use and enjoyment of the land for future generations. Tsilhquot"in nation v. british colombia: aboriginal title gives aboriginal groups the exclusive right to decide how the land is used and to benefit from those uses. it rejects the postage stamp approach. It does not mean that provincial and federal laws cease to apply; the government can authorize infringements of aboriginal title if the infringement can be justified. They can be justified when there is a compelling and substantial public purpose. Mabo v. queensland: in the mabo case the traditional rights of the meriam people to their islands in the eastern torres strait were recognized.
