Doctrines of dispossession : a critical analysis of four rationales for the denial or extinguishment of Aboriginal rights in Canada / Richard Spaulding. : Z1-1991/1-41-151E-PDF

“When we examine the fundamental values informing Canada's Aboriginal rights guarantee, we find ourselves honouring Canada's colonial history, but also striving to overcome it. This is because some, but not all, of the history that grounded Crown/Aboriginal relations in British North America was honourable. Also, the values by which we interpret our history constitutionally today mirror some of the values that prevailed in colonial times, but stand in deep opposition to others. This paper identifies certain historical components of Aboriginal rights law unearthed in the modern jurisprudence, but not, it is submitted, examined critically enough by the courts in the light of fundamental values, before being offered for inclusion in the renewed law of Aboriginal rights promised by the constitution. Four legal doctrines are examined, each of which purports to rationalize either the denial of Aboriginal rights, or their unilateral extinguishment, with the effect that Aboriginal peoples are dispossessed of their lands or territories upon colonization by the Crown"--Intro., p. 1-2.

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