LAWS 2502 Lecture Notes - Lecture 10: Aboriginal Title, Fiduciary, Fee Simple
8 Apr 2015
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The various titles (1) crowns radical title (absolute owndership, dominium, and ultimate title) (2) and various burdens on it: a. b. Aboriginal title" a different interest or burden on the crown"s ultimate title see below for differences, but remember: before delgamuukw (1997), this title was regarded as a mere personal usufruct right. Sparrow test: giving rise to a fiduciary (trust-like) duty on the part of the crown. In other words, this test leaves (like the oakes test) ample room for judicial discretion. From sparrow to badger: the sparrow test was extended by the 1996 scc badger decision to apply also to. Treaty rights under s. 35: with the same implications for judicial discretion when judging" (redetermining) the reasonableness of laws and regulations (which impair aboriginal and treaty rights) Meaning oil and gas exploitation is alright, but must not be irreconcilable with the nature of the aboriginal attachment of the land.
