They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces
This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British Columbia. This thesis argues that, in light of the clarified lega...
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ftyorkuniv:oai:yorkspace.library.yorku.ca:10315/32148 2023-05-15T17:10:07+02:00 They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces Hamilton, Robert Colin McNeil, C. Kent 2016-09-20T16:33:45Z application/pdf http://hdl.handle.net/10315/32148 en eng http://hdl.handle.net/10315/32148 Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests. Law Aboriginal title Tsilhqot'in Nation Aboriginal law Atlantic Canada Maritime Provinces Aboriginal Rights Delgamuukw Marshall/Bernard Peace and friendship treaties Treaty rights Indigenous land rights Sappier/Gray Maliseet Mi'kmaq Mi'kmaw Electronic Thesis or Dissertation 2016 ftyorkuniv 2022-08-22T13:03:50Z This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British Columbia. This thesis argues that, in light of the clarified legal principles articulated by the Court, it is very likely that Aboriginal title can be proven to have existed in the Maritime Provinces. In light of this conclusion, the inquiry then shift to whether that title was legally extinguished. The legal parameters of the extinguishment question are surveyed in considerable detail and it is concluded that title was likely never legally extinguished in the region. Having found that title was likely not extinguished in the region, the final section of the thesis analyzes how the Aboriginal peoples of the region were dispossessed of their lands and provides some provisional arguments concerning the legal framework for assessing that dispossession where legal extinguishment is not proven. Thesis Maliseet York University, Toronto: YorkSpace British Columbia ENVELOPE(-125.003,-125.003,54.000,54.000) Canada |
institution |
Open Polar |
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York University, Toronto: YorkSpace |
op_collection_id |
ftyorkuniv |
language |
English |
topic |
Law Aboriginal title Tsilhqot'in Nation Aboriginal law Atlantic Canada Maritime Provinces Aboriginal Rights Delgamuukw Marshall/Bernard Peace and friendship treaties Treaty rights Indigenous land rights Sappier/Gray Maliseet Mi'kmaq Mi'kmaw |
spellingShingle |
Law Aboriginal title Tsilhqot'in Nation Aboriginal law Atlantic Canada Maritime Provinces Aboriginal Rights Delgamuukw Marshall/Bernard Peace and friendship treaties Treaty rights Indigenous land rights Sappier/Gray Maliseet Mi'kmaq Mi'kmaw Hamilton, Robert Colin They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
topic_facet |
Law Aboriginal title Tsilhqot'in Nation Aboriginal law Atlantic Canada Maritime Provinces Aboriginal Rights Delgamuukw Marshall/Bernard Peace and friendship treaties Treaty rights Indigenous land rights Sappier/Gray Maliseet Mi'kmaq Mi'kmaw |
description |
This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British Columbia. This thesis argues that, in light of the clarified legal principles articulated by the Court, it is very likely that Aboriginal title can be proven to have existed in the Maritime Provinces. In light of this conclusion, the inquiry then shift to whether that title was legally extinguished. The legal parameters of the extinguishment question are surveyed in considerable detail and it is concluded that title was likely never legally extinguished in the region. Having found that title was likely not extinguished in the region, the final section of the thesis analyzes how the Aboriginal peoples of the region were dispossessed of their lands and provides some provisional arguments concerning the legal framework for assessing that dispossession where legal extinguishment is not proven. |
author2 |
McNeil, C. Kent |
format |
Thesis |
author |
Hamilton, Robert Colin |
author_facet |
Hamilton, Robert Colin |
author_sort |
Hamilton, Robert Colin |
title |
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
title_short |
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
title_full |
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
title_fullStr |
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
title_full_unstemmed |
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces |
title_sort |
they promised to leave us some of our land: aboriginal title in canada's maritime provinces |
publishDate |
2016 |
url |
http://hdl.handle.net/10315/32148 |
long_lat |
ENVELOPE(-125.003,-125.003,54.000,54.000) |
geographic |
British Columbia Canada |
geographic_facet |
British Columbia Canada |
genre |
Maliseet |
genre_facet |
Maliseet |
op_relation |
http://hdl.handle.net/10315/32148 |
op_rights |
Author owns copyright, except where explicitly noted. Please contact the author directly with licensing requests. |
_version_ |
1766066552046616576 |