A Guide to Overseas Precedents of Relevance to Native TitleAboriginal Studies Press, 1998 - 287 pages A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia. |
Contents
CHAPTER ONE | 1 |
CHAPTER TWO | 49 |
Canada | 65 |
Severance of aboriginal rights from the soil | 101 |
CHAPTER FOUR | 137 |
CHAPTER FIVE | 169 |
CHAPTER SIX | 221 |
CHAPTER SEVEN | 245 |
BIBLIOGRAPHY | 279 |
Common terms and phrases
aboriginal rights aboriginal title abrogate applied Band British Columbia Calder Canadian Chapter claim clear and plain commercial common law compensation Congress Constitution Act Council Court held Court of Appeal Croker Island Crown customary rights customary title customs and traditions decision Delgamuukw determine distinctive culture established exclusive exercise existence extinguish aboriginal fee simple fiduciary duty Fisheries fishing rights foreshore grant Guerin Heiltsuk hunting and fishing Indian Act Indian lands Indian Nations Indian title Indian tribes Indigenous integral intention to extinguish interest issue jurisdiction Law Book Company legislation Mabo Maori Land Court McLachlin Muriwhenua native title native title rights offshore ownership Peet plain intention practices principles prior to contact protection question recognised regulation relationship right to fish right to hunt River settlement sovereignty Sparrow spawn on kelp statute statutory Sto:lo Supreme Court surrender territory Treaty of Waitangi treaty rights tribal United Van der Peet Waitangi Tribunal Weehi Zealand