What is the difference between proprietary and personal aboriginal title?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):
In Mabo v. Queensland, Mr. Justice Brennan, at p.36, said that the right of each member of the community claiming aboriginal rights and title in land might well be personal, whereas the rights of the community might well be proprietary. Mr. Justice Toohey, at p.152, said that the question of whether the aboriginal title was proprietary or personal was ultimately fruitless and unnecessarily complex.
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