POL337Y1 Lecture Notes - Lecture 11: Calden, Indian Register, Drift Netting

26 views3 pages
28 Mar 2016
School
Course
Professor

Document Summary

7 sources protecing the rights of aboriginal people that have some consituional signiicant: royal proclamaion (judiciary responsibility, secion 35 of the consituion act 1982, secion 35. 1, secion 25. Lovelace (1985: calder (1973, first ime that the sc recognized the noion of aboriginal peoples history occupancy on their ancestral land. The signiicance of this case is that it established a few new principles in our consituion jurisprudence. It recognized the establishment of aboriginal land is collecive ownership. It is acceptable in the context for aboriginals: exclusive occupaion at ime of contact. Whenever exclusive occupaion of land is proven in court: the third signiicance of this case was the noion by the sc that whenever aboriginal itle is proven in court (for discriminaion, etc. ), some fair compensaion by the government would be the appropriate remedy. It was the irst ime at a territorial level suggest that collecive ownership is ine, that the test should be exclusive occupancy at ime of contact.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents