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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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In the following paper, the author analyzes the central issues raised by the recognition of aboriginal title under State law. He offers answers to the many unresolved issues concerning the sources of aboriginal title, its conditions of existence and attributes. Concerning the sources of aboriginal title, the author highlights the Supreme Court’s stato-centric approach to the defnition of aboriginal rights and argues, in particular, that the doctrine of continuity of pre-colonial law has more of a metaphoric rather than operational meaning. As for the conditions of the title’s existence, the author concludes that they still remain sufficiently undetermined as to generate legal insecurity and allow judges to conduct, under the guise of an assessment of the historical record, contemporary socio-economic arbitrations between indigenous peoples and the non-indigenous majority. Finally, the analysis of the attributes of aboriginal title brings to light the uncertainty which persists with regard to several fundamental issues, such as, for example, the identity of the holder of title. This uncertainty of the law, as well as the failure of the Supreme Court of Canada to reconcile aboriginal title with modernity, cast doubt on the capacity of indigenous peoples to develop their lands according to their contemporary priorities.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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This book provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rviers District Council v. Bank of England (no.3) (2001) and the Supreme Court of Canada's decision to Odhavji Estate v. Woodhouse (2003)m misfeasance has been pleased with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarigies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state. -- back cover.
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