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1400

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by

Katharine McGowan

on 2 March 2014

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Transcript of 1400

1400
1500
1600
1700
1800
1900
2000
1982
1951
1867
1876
1886
1763
1620
1534
1492
1973
1927
1608
1721
Columbus lands
Cartier's voyage (Maritimes)
Samuel de Champlain founds Quebec City
English Puritans found New Plymouth
1550
Valladolid Debate
Royal Proclamation
French Empire in Canada
British Empire in North America
British Empire in Canada
Canadian Control of "Indian" Affairs
Indian Act
Passes
Changes to Indian Act, illegal to use band funds to pursue land claims
SJC on the Indian Act
Calder Case
Constitution Act
Early Treaty Period
Legislation Period
Courts/Judicial Period
Modern Treaty Period
St. Catherine's
Milling
Confederation
Constitution Act
Section 35
1988
Sparrow Case
1996
Van Der Peet
Case
Delgamuukw
Case
1997
Aboriginal Title:
Aboriginal Rights:
Existing Aboriginal and treaty rights recognized and affirmed

1984
Guerin
Case
1873

Treaty
3
Focus of Case
Underlying title in Crown
Recognize Ab. right of occupancy
Assimilation goals, Reserves set aside
Fiduciary duty of Crown
Evolutionary nature of rights; existing, not frozen, unextinguished, have contemporary form
Separation of powers Section 91 & 92
Land transferred to Crown
Federal gov power to enter into legal relations with FN
Limit overarching cases of infringement
Justification Test: Established right, is right extinguished, is right infringed, justification given
Land given to Crown by FN in trust
Source: time immemorial (inherent title)
Source of Ab. right: in distinctive practice
VDP Test (Determining Ab. Right): Right characterized, existence of integral right, modern form of the right
Ab rights from traditional use and occupancy of lands (not from Crown)
"Sui generis" special contract with group (Ab) with different sovereignty & rights
Rights personal and usufructuary
Spectrum of Ab. rights: Cultural practice connection to land -- Intimate activities -- Right to land itself
Dimensions of title: inalienability, prior occupation source, communal nature
Exclusive but limited right, can't be irreconcilable use to basis of right
Test for Ab. title: ancestral occupation, continuity, exclusive occupation
form of Ab. rights; a right to the land itself, not absolute; exists on a spectrum (Delgamuukw)
practice, tradition, custom distinctive to Aboriginal culture
2005
Marshall Case
Ab. title as collection of rights to piece of land; right to land itself
Broad objectives for infringement
Gladstone
Case
Increased Role of Aboriginals in Court System
Non-existent
Appellant
in the process

Bring case
to court
Inclusion of
oral testimony
Alexander Morris, NW Angle Treaty
Recognition of Ab. sovereignty but not in entirety
Diplomacy (Ab) vs. Contracts (BR)
1609
Campaign to declare ownership by the British
Wabanaki Claims
Right of conquest
Right of donation
Right of purchase
Dominant law from which Ab. decisions made
Title from British sovereign, contingent title
Ab. title recognized; existed before treaties, separate from Crown
No def'n of what rights protected
Justification Test: 1. Valid legislative objective (proportionality test) 2. Honour of Crown upheld in fiduciary relationship
Apply VDP test
Source of claim:
Influences:
Enhanced accessibility of Court for Aboriginals
Ab. title independent from RP
Sui generis nature of title

1969
Trudeau's White Paper
Major Issues and Cases in Canadian Aboriginal Law
Trading rights not inherently limited, but not entirely exclusive either
Test: Right? Extinguished? Prima facie infringement? Justification by govt?
Rights derive from pre-contact
Rights to fish from Friendship Treaties 1760
Use of oral testimony
Ab title test again: Historical occupation, continuity, exclusivity
Exclusivity not limited by other Ab. tribes
Full transcript