Legalizing Oral History: Proving Aboriginal Claims in Canadian Courts

39:3 Journal of the West 66-74

5 Pages Posted: 31 Aug 2013

See all articles by Lori Roness

Lori Roness

Independent

Kent McNeil

York University - Osgoode Hall Law School

Date Written: 2000

Abstract

Large areas of Canada are still subject to land claims by the Aboriginal peoples, who include the Indian, Inuit, and Metis. These claims arise mainly in regions where land-surrender treaties were not signed in the past, notably in British Columbia, Quebec, the Atlantic Provinces, and the North. Most of them get resolved through negotiation and agreement, but a few end up in court. When that happens, the onus is on the Aboriginal peoples to prove their claims in accordance with the requirements of the Canadian legal system. This article will examine some of the difficulties Aboriginal peoples encounter when they rely on their oral histories for this purpose.

Keywords: Aboriginal, title, canadian, court, land, claims, history

Suggested Citation

Roness, Lori and McNeil, Kent, Legalizing Oral History: Proving Aboriginal Claims in Canadian Courts (2000). 39:3 Journal of the West 66-74, Available at SSRN: https://ssrn.com/abstract=2318428

Lori Roness

Independent

Kent McNeil (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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