What is the test for establishing property in the common law sense?
Newfoundland and Labrador, Canada
The following excerpt is from Reference re Mineral & Other Natural Resources of the Continental Shelf, 1983 CanLII 3089 (NL CA):
The court noted at p. 360 D.L.R., p. 800 S.C.R., that the word "property" is susceptible of two meanings here, one referring to rights recognized by international law and the other meaning property in the common law sense, i.e., ownership. British Columbia had to establish ownership in the common law sense and the court interpreted The Queen v. Keyn as negating ownership, because the territory claimed lay outside the boundaries of British Columbia.
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