In 1888, the Judicial Committee of the Privy Council ruled in the
St. Catherine's case. This precedent-setting decision would define
the legal contours of Aboriginal title in Canada for almost a
hundred years. In Flawed Precedent, preeminent legal scholar Kent
McNeil examines the trial and its context in detail, demonstrating
how erroneous assumptions and prejudicial attitudes about
Indigenous peoples and their land use influenced the case. He also
discusses the effects the decision had on law and policy until the
1970s when its authority was finally questioned in Calder and in
other key rulings. McNeil has written a compelling account of a
landmark case that undermined Indigenous land rights for almost a
century.
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