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.
Presents overview of Bill C-21 and examines the Charter of Rights and Freedoms, Aboriginal and treaty rights, and human rights law in the interpretation of Section 1.2. Looks at how First Nations communities should implement the legislation.
Looks at how the Province of British Columbia handles duty to consult and accommodate First Nations when activities impose on treaty rights or aboriginal title. Based on case law as of April 2010. To be used in conjunction with Guide to Involving Proponents When Consulting First Nations.
McMillan Aboriginal Law Bulletin, January 2010, pp. 1-3
Description
Discusses the Crown's obligation to consult whenever their actions could impact Aboriginal right or title interests that are recognized by section 35 of the Constitution.