Originally posted by the big wheel
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Aboriginal title
The court held that Aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown.[4] Rights conferred by Aboriginal title include the right to decide how the land will be used; to enjoy, occupy and possess the land; and to proactively use and manage the land, including its natural resources.[5] But, the court set out a Sparrow-style mechanism by which the Crown can override Aboriginal title in the public interest:
the Crown must have carried out consultation and accommodation;
the Crown's actions must have been supported by a compelling and substantial objective; and
the Crown's action must have been consistent with its fiduciary obligation to the Aboriginal body in question.[6]
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