This week we continue our study of Aboriginal Title, focusing on the question of whether Aboriginal Title and fee simple interests can be reconciled with one another. Our class this week will include a guest lecture.
Schedule A to Cowichan Tribes v Canada, 2025 BCSC 1490
Learning Objectives
Learning objectives are statements about the skills, knowledge and attitudes learners will acquire or develop when they complete this lesson.
By the end of this week, you should be able to:
- Engage with and provide a thoughtful analysis of the question of whether Aboriginal title and third-party fee simple interests can be reconciled with one another.
Last week we started to explore the contemporary framework for Aboriginal Title litigation in Canada pursuant to section 35 of the Constitution Act. We addressed issues related to proof of Aboriginal Title, its nature and source, and the Supreme Court’s infringement framework.
This week, we continue to explore and extend our understanding of these issues in light of very recent developments in the case law.
Weekly Problem: Revisiting the MTI Title Claim
After you have read through the background for this week's lesson above, your next step is to review the weekly problem.
We return to our study of the pleadings in the MTI and Wolastoqey claims.