Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night?
Article
Article Title | Native title in Canada and Australia post Tsilhqot'in: shared thinking or ships in the night? |
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ERA Journal ID | 36652 |
Article Category | Article |
Authors | |
Author | Young, Simon |
Journal Title | Land, Rights, Laws: Issues of Native Title |
Journal Citation | 4 (2), pp. 1-16 |
Number of Pages | 16 |
Year | 2009 |
Place of Publication | Canberra, Australia |
ISSN | 1326-0316 |
Web Address (URL) | http://www.aiatsis.gov.au/_files/ntru/publications/issues/ip09v4n2.pdf |
Abstract | The Canadian decision of Tsilhqot'in Nation v British Columbia (BC Supreme Court, 2007) was a significant step in the resolution of a long-running timber dispute in western Canada, and the most important judicial exploration of Canadian 'Aboriginal title' since the watershed 2002 decision of Delgamuukw. The primary significance of this recent decision for Canada lies in its quite robust conclusions on provincial jurisdictional limitations, and its wrestle with emerging controversies over the exact areas to which the concept of Aboriginal title can attach. For Australian observers, the primary importance of the decision lies, it would seem, in the Court's disinterest in strict 'continuity' inquiries, its clear and pointed confirmation of the comprehensive and contemporary nature of the Aboriginal title interest, and its dissatisfaction with jurisprudential focus on the notion of 'society'. More broadly speaking, the Tsilhqot'in decision prompts renewed reflection on reconciliation processes in both countries, and in many ways reminds us of the self-evidently valuable nature of comparative study. This paper examines the Tsilhqot'in decision against the backdrop of the Canadian legal history, and attempts to explain its significance from both the Canadian and Australian perspectives. |
Keywords | land rights; land title; first peoples; indigenous inhabitants |
ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
480302. Comparative law | |
Public Notes | This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source. |
Byline Affiliations | University of Western Australia |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2832/native-title-in-canada-and-australia-post-tsilhqot-in-shared-thinking-or-ships-in-the-night
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