Professor Ghislain Otis explored this topic in an article published in Les Cahiers de droit in 2021, entitled “La revendication d’un titre ancestral sur le domaine privé au Québec”, which has now been recognized by the Fondation du Barreau du Québec (FBQ), earning an honourable mention in the 2022 legal writing competition in the “Article” category.
In his article, Professor Otis sets out to explore the issue of ancestral title claims in the context of Quebec civil law. He discusses the basis upon which Indigenous Peoples’ may take action against a private land owner, examines the possible legal scenarios that might result from such action, and considers the kinds of restitution that may be possible as courts seek to balance Indigenous and non-Indigenous interests.
The winner of the 2022 prize in the “Article” category is Professor Guillaume Laganière of the Université de Québec à Montréal, for his article entitled “La présomption de vérité découlant d’une décision antérieure : réalité ou fiction ?”, published in La Revue juridique Thémis in 2021.
The FBQ has held its legal writing competition on an annual basis since 1984, rewarding legal writers who have distinguished themselves through their contributions to legal discourse.
Congratulations to Professor Otis on this impressive achievement!
Professor Otis previously talked about his research on Indigenous ancestral rights in a video on Jurivision.ca.