Abstract
The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.
| Original language | Canadian English |
|---|---|
| Journal | Dalhousie Law Journal |
| Issue number | 2.0 |
| Publication status | Published - Oct. 1 1995 |
Keywords
- Supreme Court of Canada
- aboriginals
- land
- Mikmaw
- Mikmaq
- Atlantic Canada
- treaties
- legislation
- legal profession
- legal history
Disciplines
- Indigenous, Indian, and Aboriginal Law