Dalhousie Law Journal


Supreme Court of Canada, aboriginals, land, Mikmaw, Mikmaq, Atlantic Canada, treaties, legislation, legal profession, legal history


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.