Lenses of Comparison Across Continents: Understanding Modern Aboriginal Title in Tsilhqot'in Nation and Ngati Apa

J Ruru, “Lenses of Comparison across Continents: Understanding Modern Aboriginal Title in Tsilhqot’in Nation and Ngati Apa” 48(3) (2015) UBC Law Review 903-942.

40 Pages Posted: 29 Jan 2019

Date Written: 2015

Abstract

Courts across the world continue to build a jurisprudence that explains and justifies the transfer of Indigenous sovereignty and property to European colonial powers. These courts are developing tests for Aboriginal peoples and the Crown to satisfy in order to recognise modern Aboriginal title in land. This article compares these tests in two countries - Canada and Aotearoa New Zealand - to better understand the rationality of the tests and the possibilities for different constructions. The usefulness in this comparative analysis is to provide deeper understanding for achieving pinpoints of hope for more reconciled systems of justice.

Keywords: Property law, Aboriginal title, Canada, New Zealand

JEL Classification: K00, K11

Suggested Citation

Ruru, Jacinta, Lenses of Comparison Across Continents: Understanding Modern Aboriginal Title in Tsilhqot'in Nation and Ngati Apa (2015). J Ruru, “Lenses of Comparison across Continents: Understanding Modern Aboriginal Title in Tsilhqot’in Nation and Ngati Apa” 48(3) (2015) UBC Law Review 903-942., Available at SSRN: https://ssrn.com/abstract=3317838

Jacinta Ruru (Contact Author)

University of Otago ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
5
Abstract Views
122
PlumX Metrics