Dougal Mitchell

ABORIGINAL RIGHTS

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

Bill of Rights didn’t improve Aboriginal rights

Canadian Charter of Rights and Freedoms helped eliminate injustices

Impact of Constitution

Section 25 of the Charter protects the customs of Aboriginal people

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

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

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

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

END

Dougal Mitchell

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