Aboriginal Rights and Title in Canada after Delgamuukw: Part Two, Anthropological Perspectives on Rights, Tests, Infringement & Justification
Date
2001
Authors
Thom, Brian
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Publisher
Department of Native Studies, University of Saskatchewan
Abstract
The 1997 Delgamuukw decision of the Supreme Court of Canada has been an important moment in determining the nature and extent of Aboriginal rights and title in Canada. This paper (the second of a two-part essay) critically reviews this decision, drawing on anthropological and legal scholarship to put into context how Aboriginal rights and title have been conceptualized and argued. I first examine the use of the notion of 'culture' in formulating conceptions of aboriginal rights and title. This is followed by a critical discussion of how anthropology has and can continue to have play a part in providing evidence for and critiquing legal tests for proof, infringement and justification of aboriginal rights and title.
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Citation
Thom, Brian. (2001) Aboriginal Rights and Title in Canada after Delgamuukw: Part Two, Anthropological Perspectives on Rights, Tests, Infringement & Justification. Native Studies Review. 14(2):1-42.