Although The Rights of Native Peoples of Canada GMAT Reading Comprehension

Reading Passage Question

Although the rights of native peoples of Canada have yet to be comprehensively defined in Canadian law, most native Canadians assert that their rights include the right not only to govern themselves and (5) their land, but also to exercise ownership rights over movable cultural property—artifacts ranging from domestic implements to ceremonial costumes. Assignment of such rights to native communities has been difficult to achieve, but while traditional (10) Canadian statute and common law has placed ownership of movable property with current custodians such as museums, recent litigation by native Canadians has called such ownership into question. (15) Canadian courts usually base decisions about ownership on a concept of private property, under which all forms of property are capable of being owned by individuals or by groups functioning legally as individuals. This system is based on a (20) philosophy that encourages the right of owners to use their property as they see fit without outside interference. But litigation by native Canadians challenges courts to recognize a concept of property ownership that clashes with the private property (25) concept. Although some tribes now recognize the notion of private property in their legal systems, they have traditionally employed a concept of collective ownership—and in all cases in which native Canadians have made legal claim to movable (30) property they have done so by invoking this latter concept, which is based on the philosophy that each member should have an equal say regarding the use of the community’s resources. Under this collective ideology, access to and use of resources is determined (35) by the collective interests of the community. Furthermore, collective ownership casts an individual in the role of guardian or caretaker of property rather than as a titleholder; while every tribe member is an owner of the property, individual members cannot sell(40) this right, nor does it pass to their heirs when they die. Nevertheless, their children will enjoy the same rights, not as heirs but as communal owners.

Because the concept of collective property assigns ownership to individuals simply because they are (45) members of the community, native Canadians rarely possess the legal documents that the concept of private property requires to demonstrate ownership. Museums, which are likely to possess bills of sale or proof of prior possession to substantiate their claims (50) of ownership, are thus likely to be recognized as

legally entitled to the property they hold, even when such property originated with native Canadian communities. But as their awareness of the inappropriateness of applying the private property (55) concept to all cultural groups grows, Canadian courts will gradually recognize that native Canadians, while they cannot demonstrate ownership as prescribed by the notion of private property, can clearly claim ownership as prescribed by the notion of collective (60) property, and that their claims to movable cultural property should be honored.

“Although the rights of native peoples of Canada"- is a GMAT reading comprehension passage with answers. Candidates need a strong knowledge of English GMAT reading comprehension. This GMAT Reading Comprehension consists of 3 comprehension questions. The GMAT Reading Comprehension questions are designed for the purpose of testing candidates’ abilities in understanding, analyzing, and applying information or concepts. Candidates can actively prepare with the help of GMAT Reading Comprehension Practice Questions.

1. Which one of the following most accurately expresses the main idea of the passage?

(A) Litigation by native Canadians to regain control of their movable cultural property illustrates how the concept of private ownership has become increasingly obsolete and demonstrates that this concept should be replaced by the more modern concept of collective ownership.
(B) Litigation by native Canadians to regain control of their movable cultural property is likely to succeed more frequently as courts begin to acknowledge that the concept of collective ownership is more appropriate than the concept of private ownership in such cases.
(C) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property is in reality a debate over whether individuals should act as titleholders or merely as caretakers with respect to their property.
(D) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property cannot be resolved until the rights of native Canadians have been comprehensively defined in Canadian law.
(E) The conflict between the concepts of collective and private ownership that has led to litigation by native Canadians to regain control of their movable cultural property illustrates the need to expand the concept of private property to include cases of joint ownership by a collection of individuals.

2. According to the concept of private property as presented in the passage, which one of the following most completely describes the meaning of the term “property owner”?

(A) one who possesses a bill of sale to substantiate his or her claims to property ownership
(B) one who possesses proof of prior possession to substantiate his or her claims to property ownership
(C) one who is allowed to make use of his or her property in whatever manner he or she wishes
(D) one who is allowed to transfer ownership rights to his or her children as heirs
(E) one who is allowed to exercise property rights because of his or her membership in a community

3. The author’s attitude toward the possibility of courts increasingly assigning ownership rights to native communities is best described as which one of the following?

(A) certain that it will never be realized and concerned that it should
(B) concerned that it will never be realized but hopeful that it will
(C) uncertain whether it will be realized but hopeful that it will
(D) uncertain whether it will be realized but confident that it should
(E) convinced that it will be realized and pleased that it will

4. The primary function of the first paragraph of the passage is to

(A) identify some of the specific types of property at issue in litigation by native Canadians to regain control of their movable cultural property from museums
(B) describe the role of the concept of property ownership in litigation by native Canadians to regain control of their movable cultural property from museums
(C) summarize the difficulties that have been experienced in attempting to develop a comprehensive definition of the rights of native Canadians under the law
(D) provide the context within which litigation by native Canadians to regain control of their movable cultural property is occurring
(E) discuss the difficulty of deciding legal cases that rest on a clash between two cultures’ differing definitions of a legal concept

5. Given the information in the passage, Canadian courts hearing a dispute over movable cultural property between a museum and a group of native Canadians will be increasingly unlikely to treat which one of the following as a compelling reason for deciding the case in the museum’s favor?

(A) The museum is able to produce evidence that the property did not originate in the native community.
(B) The museum cannot produce written documentation of its claims to ownership of the property.
(C) The group of native Canadians produces evidence that the property originated in their community.
(D) The group of native Canadians cannot produce written documentation of their claims to ownership of the property.
(E) The group of native Canadians do not belong to a tribe that employs a legal system that has adopted the concept of private property.

6. The passage suggests that the concepts of collective and private ownership differ in each of the following ways EXCEPT:

(A) The collective concept allows groups of individuals to own property; the private concept does not.
(B) The collective concept requires consideration of community interests; the private concept does not.
(C) The collective concept assigns ownership on the basis of membership in a community; the private concept does not.
(D) The private concept allows owners to function as titleholders to their property; the collective concept does not.
(E) The private concept permits individuals to sell property; the collective concept does not.

7. The passage most supports which one of the following statements about the tribal legal systems mentioned in the second paragraph of the passage?

(A) All tribes whose legal system employs the concept of collective property have engaged in litigation over control of movable cultural property.
(B) Only tribes that have engaged in litigation over control of movable property have a legal system that employs the concept of collective property.
(C) All tribes that have engaged in litigation over control of movable cultural property have a legal system that employs the concept of collective property.
(D) All tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.
(E) Only those tribes whose legal system recognizes the concept of private property can expect to succeed in litigation over control of movable cultural property.

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