Is Aboriginal rights an individual or collective?

British Columbia, Canada


The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):

(g) Aboriginal rights may be individual or collective according to whether they were and are treated by the aboriginal people as being individual or collective. (Amodu Tijani; Mabo v. Queensland).

Other Questions


How has the definition of an Aboriginal right been interpreted in the context of Aboriginal rights cases? (British Columbia, Canada)
Is there any authority in aboriginal rights and title rights that can be relied upon by a collective authority? (British Columbia, Canada)
What are aboriginal and non-aboriginal rights? (British Columbia, Canada)
Does a party have to prove aboriginal right or title before there is a duty to consult with the aboriginal peoples? (British Columbia, Canada)
In an aboriginal rights and title case, how have the courts considered expert evidence in aboriginal cases? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the test for determining whether there has been a breach of an individual’s rights under s. 15(1) of the Canadian Human Rights Code? (British Columbia, Canada)
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement? (British Columbia, Canada)
Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of an individual? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.