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It follows that both should be taken into account in establishing the proof of occupancy. That the occupation was an established fact at the time sovereignty was asserted by England. The trial judge arrived at this conclusion, however, without the benefit of Van der Peet , where I held that the ordinary rules of evidence must be approached and adapted in light of the evidentiary difficulties inherent in adjudicating aboriginal claims. Kemudahan akses. Van der Peet.
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