1. The Modern Day Struggle of Aboriginals
Canada judicial decision and the Constitution Act of 1982. ... This was mainly due the fact that the Supreme Court of Canada judges supported the idea that aboriginal title may exist at common law, separate from the Royal Proclamation Act or other Canadian legislative acts. ... In addition Mahoney J. had to determine what criteria were necessary to claim aboriginal title to land.5 Mahoney J. created four criteria to determine right to title that would be widely used for many years after the case. (1) That the plaintiff (Aboriginals) and their ancestors were members of an organized society. (2...
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