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Aboriginal title and rights do not stem from the Canadian legal system or colonial law, they are

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Indigenous peoples' prior occupation and connection with the land. However. where treaties were signed and nights are derived from that, where there is an allegation that the Crown violated a treaty or improperly dealt with reserve land a$($n$.$ may be brought and advanced through the court or Tribunal. With respect to lands that are not subject to a treaty but still relate to Aboriginal title, interest or rights $-$ these are called

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