Property Law Notes

← Back to document page

- Aboriginal rights and title have always existed at common law (Calder) - Aboriginal title is protected under s.35 of Constitution Act 1867 (Van der Peet) - Aboriginal title is not prescriptive 1. It has roots in original occupation of land (Calder) - The Crown has a fiduciary duty to Aboriginal people (Guerin) - Aboriginal rights: 1.

  Rights, Prescriptive