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Examines social Darwinism and judicial conceptions of Indian title in Canada in the 1880s. Land title issues in the Canadian Supreme Court case `Saint Catherine's Milling and Lumber Co. v. The Queen'; Race, culture and government policy in the 1880s; Difficulties of the estimation of rights of aboriginal tribes; Discussions on the evolutionary theories of human societies.

Copyright of Canadian Journal of Native Studies is the property of Brandon University, CJNS, Faculty of Arts and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the legal aspects of aboriginal land titles in the wake of the Supreme Court of Canada's ruling in the 2014 case Tsilhqot’in Nation v. British Columbia which deals with real property ownership rights and constitutional protections for the aboriginal people in Canada. The estate pur autre vie common law doctrine in Canada is mentioned, along with life tenancies and the legal aspects of wills and adverse possession in the nation.

The article discusses the land rights and land claims of the Hul’qumi’num (or Hul'qumi'num) people of Vancouver Island, British Columbia (BC), including in regard to private property, land titles and land tenure laws. The role that the BC First Nations people's Hul’qumi’num Treaty Group (HTG) played in framing their land claims as human rights is discussed.

The article discusses the recognition of Aboriginal title in Canada and the possibility of its integration within settler state land titles systems. Topics include Torrens land titles system, terms of land claim agreements on which the legal system has recognized Aboriginal title, and how such recognition allowed it a space within land titles systems. It proposes five forms of Aboriginal title recognition including its inclusion in settler state land titles systems and recognition by agreement.

The article focuses on the Nunavut Land Claims Agreement (NLCA) culminated by the Innuit residing in the eastern Arctic with the British Crown to which the Government of Canada, the Innuit, and the appellant were parties. It states that the NLCA includes the need for the Innuit to give up their land claims in exchange for title to large tracts of land and other benefits. The creation of the Territory of Nunavut in 1999 is also explained.

Copyright of Ottawa Law Review is the property of University of Ottawa, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper, recent boundary cases are considered-but especially as related to Ontario. The choice of jurisdiction is a consequence of the original audience for whom the paper was prepared: real estate lawyers in Ontario. While the activity of case law review and discussion may be seen as an ad hoc and fact-specific exercise, most lawyers in practice choose to remain aware of recent cases in order to stay abreast of new trends. Law schools still use the case law method for teaching-as well as to identify current reported cases as harbingers of potential new trends. Likewise, legislators monitor what emerges from our courts-if only to make sure that there is not a need for remedial legislation in order to possibly "correct" policy implications of a decision or a series of decisions which signal a new trend. Despite its jurisdictional limitations and the review of only most recent cases, this paper is both an example and a reminder that the jurisprudence of boundary law and the work of geomatics professionals continues to evolve. [ABSTRACT FROM AUTHOR]

This paper provides evidence that, notwithstanding the written text, Treaty ii was a peace and friendship treaty rather than one in which the Dene surrendered ownership and jurisdiction of their lands to Canada, thereby indicating clearly that oral understandings better reflect the terms of this Canadian treaty (and by implication others of the times) than written accounts do. It concludes by investigating the substantive implications of the finding that ownership and jurisdiction were not transferred on political relations between the Dene and Canada. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Bar Review is the property of Canadian Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses and provides legal explanation for a 2011 Canadian court case in which First Nations peoples appealed the decision of the government to allow a high-voltage electrical transmission line through their land. Details related to their claim for indigenous titles and rights to the land and accusation of failure of consultation are included. The court ruled that the appeal be dismissed.

The article focuses on the common law damages and equitable compensation during an unsuccessful contract for land sales in Canada. A breach of a fundamental term of contract is the denial by a party to execute his or her promise or promises within the contract, taking away the innocent party's whole benefit of the contract. The basic fundamental involving the assessment of damages is that the plaintiff is eligible to be in the position it would have been if the contract had been performed.

The article offers information on the doctrine of aboriginal title, a sui generis right in the common law or aboriginal legal systems, which was created by the Supreme Court of Canada under the judicial decision of the court case Delgamuukw v. British Columbia. It informs that the aboriginal title doctrine helps in assessment of competing claims between two or more aboriginal groups, the Crown, or Crown grants.

This paper applies genre theory to nineteenth-century deeds used to appropriate land from indigenous people in British Columbia, Canada, and in Aotearoa New Zealand. These deeds have been the subject of intense scrutiny in legal and other settings via twentieth century interpretive strategies complicated and modified by postcolonial politics and cross-cultural pragmatics. Although focusing mainly on deeds used in British Columbia in the 1850s, the paper also has in its purview other deeds and treaties in NZ and Canada. The analysis of these documents' actions in colonial and postcolonial contexts concludes with a framing of genre that is not based on the mutual recognition of form and situation by genre participants, and indeed may even preclude it. This necessitates a further discussion of Miller's (1984 [1994]) conditions for making a genre claim, and ends with the positing of a special category of genres called contact genres. [ABSTRACT FROM AUTHOR]

Focuses on the Court of Appeal's ruling concerning the Chippewas of Sarnia Band versus Canada (Attorney General) case in Ontario. Misunderstandings regarding the relation between common law and equity; Violations on the constitutionally protected land titles of the Chippewas; Provisions of the common law on aboriginal titles.

The experience of Canada in the first half of this century indicates that the importance of institutional mortgage lending for the growth of homeownership can be overstated. Home ownership rates in Canada and the United States were similar, but many fewer Canadians than Americans relied on lending institutions. Fewer incurred debt of any sort. A case study of Hamilton, Ontario, based on land titles records indicates that this was especially true during the interwar years. No Canadians lived in large metropolitan areas, where mortgage debt was most prevalent, while many built in stages as their finances allowed. Moreover, even in the early 1950s, half of all residential mortgage debt in Canada was held by private individuals, with brokers playing an important role. Despite the importance of the personal sector, above all in the markets for older homes and junior mortgages, the Canadian government made no effort to improve the way in which it operated. [ABSTRACT FROM AUTHOR]

The article offers information on various topics related to geomatics in Canada. Topics include editor Jim Jones' 1963 acquisition of certificates of Surveyor's Commissions held by surveyor Charles Alexander Magrath, a report from Quebec Land Surveyors' Board of Directors of the Corp. which highlight the important role of its members, and an article by K. M. Baird of the National Research Council about the foot as a fundamental unit of length used by surveyors.