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.
James [sákéj] Youngblood Henderson, "Mikmaw Tenure in Atlantic Canada" (1995) 18:2 Dal LJ 196.