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Summary

This chapter compares the early and middle encounter periods in eastern Canada to the ninteenth-century encounters in Australia and British Columbia. The chapter documents two distinct approaches to Indigenous land rights taken by the British Crown, with important implications for dispossession and recognition and reclamation of land rights. Because valid title to real property in eastern Canada primarily rested on good title from an original Indigenous seller, Indigenous rights to land were largely honored. Precisely the opposite situation played out in the west, where valid setter title turned on the complete erasure of Indigenous interests in the land. This was accomplished through the Torrens system of land-title registration, which erased Indigenous land rights in ways unimaginable to colonists along the east coast of the Americas where English law treated Indigenous lands as cognizable property interests. The chapter then focuses on the contemporary distribution of land rights in British Columbia to illuminate the continuing effects of the Torrens system of land-title registration on Indigenous land rights.

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7 - Dispossession by Treaty, Dispossession by Statute

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7 - Dispossession by Treaty, Dispossession by Statute

Summary