Question
Explain why, according to Justice Judson's majority opinion in Calder v Attorney-General of British Columbia , the Nisga'a rights to aboriginal title were extinguishedprior to
Explain why, according to Justice Judson's majority opinion in Calder v Attorney-General of British Columbia, the Nisga'a rights to aboriginal title were extinguishedprior to British Columbia entering Confederation. Why, according to Justice Hall's dissenting judgment in Calder, does the fact that the colony of British Columbia sought to negotiate treaties with indigenous groups within their territorial boundaries qualify as recognition of aboriginal title, and why does he maintain that right was not extinguished? What, according to Justice Dickson's ruling in Guerin v The Queen, is the character of the Crown's fiduciary obligation to indigenous groups in respect of surrendered land, and how does he maintain the Crown did not fulfill their obligationin this case?
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