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Claims and Treaties: Aboriginal Canada Portal - The Government of Canada; Recognition of inherent rights through legislative initiatives - The Indigenous Bar Association in Canada; Below a two-part documentary about the Conferences on the Constitutional Rights of the Aboriginal Peoples of Canada, focusing on the concept of self-government.
[5] [6] Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. [7] A major area of Aboriginal law involves the duty to consult and accommodate.
Contemporary treaties began in 1973 after the Supreme Court of Canada's decision which recognized Aboriginal rights for the first time. Aboriginal rights are the collective rights entitled to Indigenous peoples as the first inhabitants of Canada. These treaties addressed Indigenous rights to ownership of lands, wildlife harvesting rights ...
Subsection 35(3), which was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally ...
The Supreme Court of Canada argued that treaties "served to reconcile pre-existing Indigenous sovereignty with assumed Crown sovereignty, and to define Aboriginal rights." [31] First Nations interpreted agreements covered in Treaty 8 to last "as long as the sun shines, grass grows and rivers flow."
Aboriginal and treaty rights in Canada : essays on law, equality, and respect for difference. University of British Columbia Press. ISBN 0-7748-0581-1. Daschuck, James (13 May 2013). Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life. University of Regina Press. ISBN 978-0-88977-296-0.
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [16] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any ...
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