750 words

By now you will be familiar with the concept of legal fictions and legal constructs. In this regard, Bentham pointed out “that is by law alone that I can enclose a field” 7 as its owner. Davies notes that “private property only exists insofar as it is publicly acknowledged through the institution of law.” 8 She goes on observe that “the liberal-individualistic notion of private property… was complicit in colonial appropriations of territory from those who defined their relationships to land differently.” 9 Write a short essay in which you discuss the ‘doctrine of discovery’ and how it was applied in Canada as a ‘legal technique’ by the colonizing British in relation to territory and the Indigenous peoples living there. Analyze and assess Gaudry’s proposition that Crown title rests on ‘fantasy of sovereignty’ (a legal fiction). 10 Explain the nature and significance of recent changes to the legitimacy of the doctrine of discovery in Canada.11 What might need to change in relation to legal relationships between the Crown and Indigenous people with respect to Crown (public) wilderness areas in Canada acquired in this way?

Do only Question 3:Q3: Short Essay Question: Property as a Legal Fiction