Tuesday, December 31, 2019

Slattery on Aboriginal Title in Canada

Brian Slattery, York University-Osgoode Hall Law School, has posted Aboriginal Title and the Royal Proclamation of 1763: Origins and Illusions:
Some legal historians have argued that the law of Indigenous rights in Canada is a modern invention, stemming from the Calder decision in 1973. In this essay, I consider the origins of Indigenous rights in 18th and 19th century law, focusing on Aboriginal title and the Royal Proclamation of 1763. My conclusion is that the modern law is in fact grounded in ancient doctrines of common law that evolved in British North America from the early days of settlement. These doctrines were recognized and affirmed in the Royal Proclamation of 1763 and were applied in a series of leading 19th century cases.
--Dan Ernst