ARE NORTHERN LANDS RESERVED FOR THE INDIANS?

Authors

  • ROBERT DJ PUGH

Abstract

The purpose of this article is to consider the status and implications of Aboriginal land rights, in light of settled law pertaining to reserved Indian lands. In part one, the author describes the two kinds of land reserved for Indians by royal proclamation and at common law. He argues that lands subject to Aboriginal title at common law should be treated as reserved. He examines methods of extinguishing Aboriginal title to advance the argument for recognition of common law claims and compares the James Bay Agreement, as a model land claim settlement, to the Inuvialuit Agreement. Proceeding on the premise that lands granted to Inuit or Cree under these agreements might be deemed reserved for Indians, part two uses the enclave and narrow ambit theories to examine jurisdictional issues unique to northern Canada in comparison to the South.

Keywords:

Native Law, Canadian Indians and Eskimos, Property Law, Real Property

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Published

1982-03-01

Issue

Section

Legal Commentary

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