How has the definition of an Aboriginal right been interpreted in the context of Aboriginal rights cases?
British Columbia, Canada
The following excerpt is from Chief Joe Hall v. Canada Lands Company Limited, 2014 BCSC 1704 (CanLII):
In Cheslatta Carrier Nation v. British Columbia, 2000 BCCA 539 at paras. 18 and 19, Newbury J.A. held that Aboriginal rights cannot be properly defined separately from the limitation of those rights and that the definition of the circumstances in which infringement is justified is an important part of the process of defining the right itself.
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