Actions and Commitments: Call to Action # 26

Exploring Theme: "Directive on Civil Litigation"

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January 11, 2018


Directive on Civil Litigation Involving Indigenous Peoples

Litigation Guideline #14: Limitations and equitable defences should be pleaded only where there is a principled basis and evidence to support the defence. Extinguishment, surrender, abandonment The Principles discourage certain long-standing federal positions, including relying on defences such as extinguishment, surrender, and abandonment Generally, these defences should be pleaded, only where there is a principled basis and...

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