Aboriginal Rights In Canada
Aboriginal rights was created for peaceful negotiation and agreement between the Crown and the First Nations. These are collective inherent rights that had been practiced and continued occupation of certain areas by the Aboriginal people since before European contact. But these specific rights may differ from each Aboriginal groups which includes rights to land, rights to certain activities like fish and hunt, rights to the resources, rights to practice one's culture, tradition and language and religion (Aboriginal Rights). The First Nation’s rights as Canadian citizen under the Canadian Common Law are separate to their Aboriginal rights. The Constitution Act of 1982 and the Royal Proclamation of 1763 protect the Aboriginal and Treaty rights
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The Constitution Act protects those Aboriginal rights in existence before the S.35 was put into force on April 30, 1982. The Constitution Act, 1982 protects those rights from being extinguished which means that infringement of the rights are only upon the constitutionally valid legislation that meets the basis of the “R. v. Sparrow test” (McNeil, 2002). The Supreme Court of Canada and other courts in the country then put forth a petition of implementing restrictions on treaty rights. First Nations believed infringements of Aboriginal rights are unjustifiable. The Constitution Act, 1982 states that First Nations’ right to fish and hunt will remain and the the infringements of Aboriginal rights depend on the Crown which was based on the decision of the Supreme Court in 1990 (Toth). The Sparrow and the Masqueam band defended the charge against Sparrow and outline arguments. The Masqueam band’s arguments includes that their right to the land had never been extinguished by the treaty and that s.35 of the Constitutional Act of 1982 contains their rights to hunt and fish (Sparrow …show more content…
v. Sioui, 1990). The Superior Court dismissed the appeal and considered the document as not a treaty, but the majority of the Court of Appeal refused these judgement (R.v. Sioui, 1990). When Hurons surrendered to General Murray in exchange of freedom of practicing their certain rights, they entered the treaty (Canada. R. v. Sioui). “Since the Hurons had the capacity to enter into a treaty with the British Crown, they were the only ones who could give the necessary consent to its extinguishment” (R. v. Sioui, 1990). Aboriginal rights is a result of the peaceful negotiation and an agreement between the Crown and the First Nations. Rights that was inherent that had been continually practiced for a long period of time up to these days. These rights that are constitutionally protected by the Constitution Act of 1982 and by the Royal Proclamation of 1763 can not be extinguished but can be infringed upon by the federal government but only for substantial objective with respect
The Constitution Act protects those Aboriginal rights in existence before the S.35 was put into force on April 30, 1982. The Constitution Act, 1982 protects those rights from being extinguished which means that infringement of the rights are only upon the constitutionally valid legislation that meets the basis of the “R. v. Sparrow test” (McNeil, 2002). The Supreme Court of Canada and other courts in the country then put forth a petition of implementing restrictions on treaty rights. First Nations believed infringements of Aboriginal rights are unjustifiable. The Constitution Act, 1982 states that First Nations’ right to fish and hunt will remain and the the infringements of Aboriginal rights depend on the Crown which was based on the decision of the Supreme Court in 1990 (Toth). The Sparrow and the Masqueam band defended the charge against Sparrow and outline arguments. The Masqueam band’s arguments includes that their right to the land had never been extinguished by the treaty and that s.35 of the Constitutional Act of 1982 contains their rights to hunt and fish (Sparrow …show more content…
v. Sioui, 1990). The Superior Court dismissed the appeal and considered the document as not a treaty, but the majority of the Court of Appeal refused these judgement (R.v. Sioui, 1990). When Hurons surrendered to General Murray in exchange of freedom of practicing their certain rights, they entered the treaty (Canada. R. v. Sioui). “Since the Hurons had the capacity to enter into a treaty with the British Crown, they were the only ones who could give the necessary consent to its extinguishment” (R. v. Sioui, 1990). Aboriginal rights is a result of the peaceful negotiation and an agreement between the Crown and the First Nations. Rights that was inherent that had been continually practiced for a long period of time up to these days. These rights that are constitutionally protected by the Constitution Act of 1982 and by the Royal Proclamation of 1763 can not be extinguished but can be infringed upon by the federal government but only for substantial objective with respect