W3 - Aboriginal title

Question 1

What does Delmaguukw v BC cover?

Answer 1

concerns the definition, content, and extent of Aboriginal Title

Question 2

In Delmaguukw v BC, what were the 3 identified elemtns of Aboriginal Title?

Answer 2

Delmaguukw v BC

Question 3

Who can Indigenous peoples sell their land to?

Answer 3

Only the Crown

Question 4

Aboringal land must be held ___

Answer 4

Communally, held by all members of a nation

Question 5

What is the 3 prong test claimants for Aboriginal title must prove?

Answer 5

The land must have been occupied prior to sovereignty
If present occupation is relied on fro proof of occupation there must be occupation between present and pre sovereignty occupation
At sovereignty the occupation must have been exclusive

Question 6

Can AT only be used for traditional purposes?

Answer 6

No

Question 7

What is the significance of Tsilqot’in v BC?

Answer 7

First time a AT claimant won

Question 8

What uses can holders of AT use the land for?

Answer 8

only those uses which are compatible with a relationship between people and land

Question 9

When can the government infringe on AT?

Answer 9

only when the government may justify the infringement on the basis of a compelling and substantial purpose.

Question 10

What rights does AT confer?

Answer 10

AT is a beneficial interest in the and, and the title holders have the right to subject it to economic development
There are 2 related elements to the crown’s underlying title
A fiduciary duty
Right to encroach if the government can justify in the broader public interest

Question 11

What 3 things must the government show when it encroaches on AT?

Answer 11

1. That it has bet its procedural duty to consult and accommodate
2. The actions were backed by a compelling and substantial objective
3. The governmental action is consistent with the Crown’s fiduciary duty to the group