TRN204H1 Lecture Notes - Lecture 11: Estoppel, Sui Generis, Quasi
Document Summary
Aboriginal law and the honour of the crown. Aboriginal law by canada for indigenous people. Indigenous law law for indigenous people by indigenous people. Many diff groups who have own specific laws, but overlaps. Ability/capacity to govern vs actual right (legal preface) Construct of society that tells how a thing came to be, why that is, etc. State of nature & rights in the state of nature. Takes consent, need agreement on both sides. Can"t just say you can"t kill me and then leave. Sovereignty originates from the individual bunch of individuals join together. We are all treaty people we all here bc agreements were signed. Just after capitulation of french 7 years war. Offered unilaterally by the crown contradictory thing early. Estoppel argument can"t say one thing bc u said another. Indigenous peoples not included no obligations from them. Trying to get indigenous people to not be militant, cooperate with trading, etc.
