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29 Mar 2022, 4:00 am by Council of Canadian Law Deans
The story of how Indigenous peoples were included within the state could be avoided with bland statements—such as, “there was from the outset never any doubt that sovereignty and legislative power, and indeed the underlying title, to [Aboriginal] lands vested in the Crown” (R v Sparrow, [1990] 1 SCR 1075, Dickson C.J. and La Forest J. at 1103). [read post]