Aboriginal Title In Canada
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Aboriginal Title In Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is ''sui generis'' as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a ''sui generis'' right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment. Source of aboriginal title In ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Indigenous Peoples
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original peoples. The term ''Indigenous'' was first, in its modern context, used by Europeans, who used it to differentiate the Indigenous peoples of the Americas from the European settlers of the Americas and from the Sub-Saharan Africans who were brought to the Americas as enslaved people. The term may have first been used in this context by Sir Thomas Browne in 1646, who stated "and although in many parts thereof there be at present swarms of ''Negroes'' serving under the ''Spaniard'', yet were they all transported from ''Africa'', since the discovery of ''Columbus''; and are not indigenous or proper natives of ''America''." Peoples are usually described as "Indigenous" when they maintain traditions or other aspects of an early culture that is assoc ...
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Aboriginal Title In Canada
In Canada, aboriginal title is considered a ''sui generis'' interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is ''sui generis'' as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a ''sui generis'' right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment. Source of aboriginal title In ...
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Indigenous Rights In Canada
Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse * ''Indigenous'' (film), Australian, 2016 See also *Disappeared indigenous women *Indigenous Australians *Indigenous language *Indigenous religion *Indigenous peoples in Canada *Native (other) Native may refer to: People * Jus soli, citizenship by right of birth * Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory ** Native Americans (other) In arts and enterta ...
* * {{disambiguation ...
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Canadian Aboriginal And Indigenous Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Declaration On The Rights Of Indigenous Peoples
The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property. The Declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations."Frequently Asked Questions: Declaration on the Rights of Indigenous Peoples
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Gérard Vincent La Forest
Gérard ( French: ) is a French masculine given name and surname of Germanic origin, variations of which exist in many Germanic and Romance languages. Like many other early Germanic names, it is dithematic, consisting of two meaningful constituents put together. In this case, those constituents are ''gari'' > ''ger-'' (meaning 'spear') and -''hard'' (meaning 'hard/strong/brave'). The English cognate of Gérard is Gerard. As a given name * Gérard Adanhoumé (born 1986), Beninese footballer * Gérard Araud (born 1953), Permanent Representative of France to the United Nations * Gérard Asselin (born 1950), Canadian politician * Gérard Audran (1640-1703), French engraver * Gérard Bailly (born 1940), French politician * Gérard Balanche (born 1968), Swiss ski jumper and Olympian * Gérard Banide (born 1936), French football coach * Gérard Bapt (born 1946), French politician * Gérard Barray (born 1931), French film and television actor * Gérard Barreaux (1948-2010), French ac ...
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Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ...
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R V Guerin
''Guerin v The Queen'' 9842 S.C.R. 335 was a landmark Supreme Court of Canada decision on Aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established Aboriginal title to be a ''sui generis'' right. Background The Musqueam Indian band held roughly of prime land in the Vancouver area. In 1958, the federal government, on behalf of the band, made a deal with the Shaughnessy Heights Golf Club to lease of the land in order to build a golf club. However, the actual terms of the agreement between the government and the club were not those that were told to the band. In 1970, the band discovered the true terms and protested on the basis that the government had a duty to properly explain the full extent of the deal. At trial, the court held that the Crown had breached their trust with the band and awarded the Musqueam ten million dollars. This ruling was overturned by the Federal Court of Appeal. The matter ...
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