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Encyclopedia > Aboriginal title

Aboriginal title is a common law property interest in land. It has been recognised in Canada, Australia, the United States, and increasingly in other common law countries as well, such as Malaysia and Nigeria[citation needed]. This Manual of Style has the simple purpose of making things easy to read by following a consistent format — it is a style guide. ... Image File history File links Broom_icon. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


The requirements for establishing an aboriginal title to the land vary across countries, but generally speaking, the aboriginal claimant must establish (exclusive) aboriginal occupation from a long time ago, e.g. before the assertion of sovereignty, and continuity to the present day. Sovereignty is the exclusive right to exercise supreme political (e. ...


Aboriginal title can be extinguished by the Crown, but again, the requirement to do this varies by country. Some require the legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land.


The leading case for aboriginal title in Canada is Delgamuukw v. British Columbia. The foundational case for aboriginal title in Australia is Mabo (no. 2). Delgamuukw v. ... Mabo v Queensland (No 2) (commonly known as Mabo) was a landmark Australian court case which was decided by the High Court of Australia on June 3, 1992. ...


See also


  Results from FactBites:
 
Policy 15.1 - Aboriginal Rights and Title (1114 words)
Aboriginal rights, including aboriginal title, are recognized and affirmed under Section 35 of the Constitution Act, 1982.
The effect of this recognition is that existing aboriginal rights must not be unjustifiably infringed by the forest development decisions of the Crown or its licensees.
Where First Nations concerns of aboriginal interests are raised with regard to a forest activity or pending decision, consider the information gathered during the consultation process to date, along with possible practical adjustments or actions that may substantially address those concerns, if possible in conjunction with the licensee.
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