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Aboriginal Rights

Aboriginal Rights. Dougal Mitchell. Discrimination. Aboriginals were denied the rights of other Canadians for most of their existence Residential schools and other government establishments were created to attempt to assimilate the Aboriginals into western culture. Rights.

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Aboriginal Rights

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  1. Aboriginal Rights Dougal Mitchell

  2. Discrimination • Aboriginals were denied the rights of other Canadians for most of their existence • Residential schools and other government establishments were created to attempt to assimilate the Aboriginals into western culture

  3. Rights • Bill of Rights didn’t improve Aboriginal rights • Canadian Charter of Rights and Freedoms helped eliminate injustices

  4. Impact of Constitution • Section 25 of the Charter protects the customs of Aboriginal people

  5. Calder vs. BC • Nisga’a went to court to establish title to their traditional land • In 1973 the Supreme Court of Canada made the decision that the Nisga’a held their land before British Columbia was created • This formed the basis for Canadian Aboriginal laws

  6. R. vs. Sparrow • The Supreme Court of Canada decided that Aboriginal rights that existed in 1982, such as fishing, are protected under the Constitution of Canada

  7. Delgamuukw vs. BC • The Supreme Court of Canada ruled that Aboriginal title is an ancestral right protected by the Constitution Act • To claim Aboriginal title, the person must prove that they occupied the land before sovereignty • Oral tradition may be used to as evidence to claim an Aboriginal title

  8. R. vs. Kapp • The Aboriginal Fisheries strategy, a federal government initiative, allowed only Aboriginal fishers to catch and sell salmon in a closed fishery on the Fraser River • Non-Aboriginal fishers claimed their equality rights were being violated under section 15(1) of the Charter • The government claimed that section 15(2) of the Charter allows them to develop programs to help disadvantaged groups improve their situation

  9. END Dougal Mitchell Pages 339 - 340

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