Discusses the tests used by the Supreme Court of Canada to determine whether Aboriginal title exists. Uses the Delgamuukw v. British Columbia case as example of the principle of first occupancy.
Duration: 7:17.
Discussion based on cases decided under the Optional Protocol to the Convent, on the Human Rights Committee's general comments and consideration of periodic report by States parties. Focuses on Article 1: the right of all peoples to self determination; and Article 27: the protection afforded under the notions of 'culture' and 'minority'.
CLPE Research Paper Series, vol. 04, no. 05, 2008, pp. ii, 1-37
Description
Examines the sources, content and proof of land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the common law perspective. Allow time for the link to download the article.