In 1973, the Supreme Court of Canada confirmed that unextinguished Aboriginal title continued to exist in parts of Canada, though at the time the interest was considered to be a right held by Indigenous communities to simply to possess (not necessarily exclusively) and use the lands. This right was also considered to be subject [...]
Section 35 of the Constitution Act, 1982, protects the existing Aboriginal rights of the “aboriginal peoples of Canada”, which includes the Métis. Aboriginal rights are modern-day practices, customs or traditions that are integral to Indigenous communities today and have their roots in the community’s practices, customs and traditions prior to contact with explorers and [...]
The Supreme Court of Canada has held that a Treaty between the Crown and Indigenous peoples is unique. It is neither created nor terminated according to the rules of international law. The term “Historic Treaty” refers to Treaties that were negotiated an entered into by representatives of the British Crown and the Indigenous peoples [...]
Aboriginal rights are modern-day practices, customs or traditions that are integral to Indigenous communities today and have their roots in the community’s practices, customs and traditions prior to contact with explorers and traders arriving from Europe. Although traceable to pre-contact practices, the practice protected today will not be frozen in its historical form, and [...]
HUMAN RIGHTS AND INTERNATIONAL LAW Human rights are rights that we all have by virtue of our shared humanity. In Canada, the Charter of Rights and Freedoms provides constitutional protection for these rights, including the right for everyone to be equal before and under the law. Federal, provincial and territorial human rights laws also [...]
RESOLVING LEGAL DISPUTES: ALTERNATIVES TO LITIGATION All legal issues are essentially a dispute: two (or more) parties cannot agree on the interpretation or enforcement of their legal obligations. While the resolution of legal disputes is often conflated with the adversarial court system, in fact there exist a wide range of “alternatives” to litigation. The [...]
Finance Minister Bill Morneau met with the Economic Club of Canada to review the Government of Canada’s new Budget 2018 “Equality + Growth: A Strong Middle Class”. Similar to Finance Canada’s previous estimates, the Federal Government will be running a deficit. (Please see: http://nationalpost.com/news/politics/read-the-full-text-of-the-2018-federal-budget to read Minister Morneau’s full speech.) Canada indicates that the Budget [...]
Summary The Government of Canada recognizes that: All relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government. Reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982. The honour of the Crown guides the conduct of the [...]
