Question
Briefly explain the idea that property is a legal fiction. Explain the 'doctrine of discovery' and how it was used in Canada as a 'legal
Briefly explain the idea that property is a legal fiction.
Explain the 'doctrine of discovery' and how it was used in Canada as a 'legal technique' by the colonizing British to claim public (Crown) property rights, especially in the North West. Discuss Gaudry's view (Casebook at 290) that these claims rest on "a 'fantasy of sovereignty' (a legal fiction).
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Managing the Law The Legal Aspects of Doing Business
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer
4th edition
133151565, 978-0132164429
