The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study

I. Introduction II. The Nature of Aboriginal Title within the Canadian Judicial Interpretation ... A. Background … B. The Aboriginal Title Test ... C. The Contents of Aboriginal Title ... D. Inherent Limits on Scope of Aboriginal Title ... E. The Security and Insecurity of Aboriginal Title ... F. The Implications of Unsettled Aboriginal Title Claims III. The Property Rights Characteristics of Aboriginal Title ... A. Theoretical Characteristics of Title ... B. The Real Costs of Uncertain Economic Characteristics of Aboriginal Title: Examples of Practical Consequences for Mining Development IV. Why Common Law Judicial Development May Not Work with Aboriginal Property Rights V. Potential Policy Approaches to Further More Economically Functional Indigenous Property Rights