The National CBA Real Property Law Section is pleased to announce that Domenic Cundari is the winner of its 3rd annual essay competition. The award was established to promote and reward interest in real property law topics in Canadian law schools.
Cundari is a second-year student at Thompson Rivers University. He completed his undergraduate studies at the University of British Columbia with a Bachelor of Science in Biochemistry.
Cundari’s paper is published on the Section website. Here is an abstract of his winning paper, The Conflict between Aboriginal Title and Privacy Property in the Secwepemc Territory.
This paper examines the conflict between Aboriginal title and fee simple private property owners with a focus on the Secwepemc Nation of British Columbia. To provide a legal framework for the conflict, the nature of Aboriginal title and the test for infringement will be briefly outlined. Two historical conflicts between Secwepemc Nation bands and fee simple private property owners will be examined to give insight into the current conflict. Lastly, theoretical solutions for reconciling the conflict between Aboriginal title and private property will be proposed and examined.