Not exact matches
It is our responsibility to enact laws that will withstand
legal scrutiny and stand the
test of time beyond our tenure in government, not just pass those that are symbolic in
nature,» he said.
The common law
test set out by the High Court in Miriuwung Gajerrong compares the
legal nature of the non-Indigenous property right (given by the statute or executive act which created the right), with the
nature of the native title rights (given by traditional laws and customs).
The extinguishment
of native title by the creation
of a
nature reserve illustrates the effect
of applying a
test which only considers the
legal rights created, rather than the existing relationships and the possibility
of their co-existence.
The CRA uses an established
test — based on long - established
legal jurisprudence — to determine the true
nature of the relationship and whether an individual is properly classified as an employee or an independent contractor.