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Phrase of the Week - Sparrow Test

Phrase of the Week - Sparrow Test

Sparrow Test


The courts have identified a number of factors that are relevant in defining aboriginal rights. These factors are sometimes referred to as the “Sparrow test”.

. . . . .

The phrase “Sparrow test” should be reserved for “justification” of breaches [of aboriginal rights].

R. v. Lefthand |  (westlaw Canada)
2007 CarswellAlta 850 at para. 81, 99  |  (Westlaw Canada)
Slatter J.A.
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