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Canada Top Court to Rule on Aboriginal Property Rights – Wall Street Journal
Case Before Canada’s Supreme Court Pits Tsilhqot’in Nation Members Against British Columbia
Canada’s top court is expected to rule Thursday in a lengthy dispute over aboriginal land rights, a decision that could boost property rights for Canada’s native people and have an impact on resource companies operating in the country.
At stake is whether Canada’s Supreme Court will, for the first time, grant exclusive property rights, or “title,” over a tract of land to an aboriginal group. The court said in a 1997 milestone decision that aboriginals were entitled to such property rights as they occupied land before European powers exerted sovereignty. Legal scholars say the 1997 judgment, though, failed to make clear what aboriginals needed to do or demonstrate before they could obtain such property rights.
