THE INDIAN TITLE QUESTION IN CANADA: AN APPRAISAL IN THE LIGHT OF CALDER

Abstract

Following a period of dormancy and doubt as to whether Indian title has any validity in the jurisprudence at all, legal issues involving Indian title have again entered the media spotlight. In order to assess the impact of recent jurisprudence and discuss the concept of Indian title, the author addresses four distinct issues: the existence, the nature and the extinguishment of Indian title and responsibility for the settlement of claims based on Indian title. The article concludes that the resolution of the above issues must await further deliberation in the courts.