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Native American Free Passage Rights Under the 1794 Jay Treaty: Survival Under United States Statutory Law and Canadian Common Law

By Bryan Nickels


Since 1794, Native American groups in both the United States (U.S.) and Canada have enjoyed the right of \u22free passage\u22 across the U.S.-Canadian border per the provisions of the Jay Treaty. However, development and recognition of this right have taken decidedly different courses: while the U.S. has treated the right very liberally under statutory codification, the Canadian government has opted to develop, and restrict, the right under their courts\u27 common law. This Note discusses the origin and development of the \u22free passage\u22 right under the Jay Treaty, and encourages both the continued recognition of the right, as well as a stronger Canadian common law effort to harmonize treatment of the right with U.S. jurisprudence

Topics: Comparative and Foreign Law, Indian and Aboriginal Law
Publisher: Digital Commons @ Boston College Law School
Year: 2001
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