Exclusive Use and Enjoyment: a Study Brief

1. What is the difference between occupation and enjoyment as sources of a right?

2. Why does it matter whether the right is held by a collective or by persons?

3. What does the second clause of s. 109 protect, if not a trust?

4. Can the Crown owe a duty to observe without first consulting? What is the difference?

5. What would “locked to the land” mean for a highway, a pipeline or a farm?

6. Apply. A provincial agency plans a new road across the Tract. Under each lane, what must it do?

Your first name (optional)

Your teacher’s email (optional)

Send to my teacher