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Canada Case Law

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Aboriginal law 2020 BCSC 917

Cowichan Tribes v. Canada (Attorney General)

The court admitted Dr. Brealey’s supplemental expert report in this Aboriginal title case, but ordered redaction of passages that crossed into legal opinion.

  • Expert evidence admissibility
  • Reserve creation and allotment
  • Preemption law
  • Historical geography of land use
  • Interpretation of colonial directives
  • Expert-evidence-admissibility
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Evidence 2008 BCSC 768

The Ahousaht v. Canada (Attorney General)

Mid-trial ruling on whether the “Explorer Records” could be admitted as stand-alone proof. The court required expert-supported threshold reliability and rejected automatic ancient-document admission.

  • Admissibility of historical documents
  • Ancient documents exception
  • Principled hearsay exception
  • Expert evidence
  • Proof of aboriginal rights
  • Explorer records
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.