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- Title
VAN DERPEETTURNS 20: REVISITING THE RIGHTS EQUATION AND BUILDING A NEW TEST FOR ABORIGINAL RIGHTS.
- Authors
TOKAWA, KENJI
- Abstract
The article focuses on the decision of the Supreme Court of Canada in the case R v van der Peet for Aboriginal rights in context creates a sui generis situation. It mentions role of reconciliation and the resulting rights regulation against the majority's reasoning in Van der Peet and the diminished role of stare decisis for van der Peet. It also mentions test's inapplicability to Metis rights, freezing of rights and stereotyping of Indigenous people.
- Subjects
CANADA. Supreme Court; ABORIGINAL Canadians -- Legal status, laws, etc.; RECONCILIATION; STARE decisis; METIS
- Publication
University of British Columbia Law Review, 2016, Vol 49, Issue 2, p817
- ISSN
0068-1849
- Publication type
Article