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COURT RULING PROVIDES A MAJOR VICTORY FOR CANADIAN INDIAN LAND CLAIMS
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Journal Article
COURT RULING PROVIDES A MAJOR VICTORY FOR CANADIAN INDIAN LAND CLAIMS
1997
Overview
Justice Antonio Lamer, in writing the unanimous decision, specifically denounced the lower court's practice of \"strait-jacketing\" First Nations by limiting their rights to simply hunting and fishing, ruling that aboriginal title gives Indian tribes the rights of occupancy: \"Aboriginal title encompasses the right to use the land held pursuant to that title for a variety of purposes, which need not be aspects of those aboriginal practices, cultures and traditions which are integral to distinctive aboriginal cultures.\" The court also eased the high standards needed by First Nations to prove their claim, ruling that the Indians had only to prove that they occupied a disputed area when Canadian title was established, rather than in 1763, when a British royal proclamation set the boundaries for colonial settlers.
Publisher
Akwe:kon Press, American Indian Program, Cornell University
Subject
