COMPENSATION AND NATIVE TITLE RIGHTS IN AUSTRALIA AND ABORIGINAL RIGHTS IN CANADA: AN OVERVIEW

摘要

One of the many questions in relation to native title rights and interests in Australia that is still to be explored fully is what constitutes proper compensation for the impairment and extinguishments of such rights. Canada, which shares many of Australia's problems in dealing with its indigenous peoples, has been trying to address compensation for Aboriginal rights, within the confines of a different legal and political landscape. This article briefly examines some of the approaches to compensation taken in the two countries, with particular emphasis on mineral and petroleum development project agreements.