What obligations does the crown need to fulfill


Problem: What, according to the SCC ruling in R v Marshall; R v Bernard, does a semi-nomadic Indigenous group seeking recognition of Aboriginal title need to establish in order to show their pre-sovereignty occupation of the land was 'exclusive'? According to Chief Justice McLachlin's ruling in Tsilhqot'in v British Columbia, what is the nature of the interest in land an Indigenous group acquires once they have established Aboriginal title? What obligations does the Crown need to fulfill in order to justifiably infringe on Aboriginal title?

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