Aboriginal Rights

Question 1

Royal Proclamation 1763

Answer 1

Claiming sovereignty over N America, it included recognition of first nations, and that it was their land
government has a fiduciary duty, land held in trust
after the 7 years war to make peace
numbered treaties- less of nation to nation approach, more of nonconsensual

Question 2

Section 91 (24) Constitution Act 1867

Answer 2

o Gives federal gov’t exclusive jurisdiction over Indians and lands reserved for the Indians
o Power excercised mainly through the indian act; rejects nation-to-nation approach

Question 3

Section 35, constitution act 1982

Answer 3

Formal recognition of aboriginal and treaty rights
o Before 1982 tearties that had been signed legally had the status of common law
• Meaning they could be changed or extinguished by parliament
o Says these treties have part in constitutional law, changes the legal weight of these treaties
o Recognizes and affirms existing aboriginal and treaty rights; prevents federal government from unilaterally extinguishing these rights
o Guarantees aboriginal and treaty right to men and women equally
o Section also protects modern land claim agreements

Question 4

Aboriginal v. Treaty rights

Answer 4

o Aboriginal rights stem from the traditional use and occupation of lands by aboriginal peoples
o Treaty rights are usually more explicit and narrower, and are described in treaties or modrn land claim agreements
• Often, broader aboriginal rights were exchanged for specific treaty rights
o Idea; that some of that territory was exchanged for something else aka treaty rights

Question 5

Section 25 of the Charter

Answer 5

o Shields aboriginal and treaty rights from the chater (ex. S.15 equality rights)
o Functions as permanent, comprehensive notwishtanding clause

Question 6

The Indian act

Answer 6

1876
gets rid of nation to nation approach
elimination of elected band councils
defines what Natives are