LAW 142 Lecture Notes - Lecture 4: Fiduciary, Haida Gwaii, Indian Act
Document Summary
Law 201, week 4 lecture 4, oct 4. 33 allows gov to override some right (2 and 7-15 ) rights. Aboriginal rights: aboriginal people and the constitution, historically some rights recognized (peace and friendship treaty, legacy of colonialism diminished recognition, constitutional recognition of aboriginal rights in 1982, constitutional entrenchment of first nations rights. Colonial legacy: s. 91(24) of the division of powers, gave power to legislate over. Indians and their lands (used to enact the indian act), trying to pursue an agenda of assimilation, trying to eliminate first nations culture (cultural genocide: indian residential schools, calder decision, recognized a continuing legal interest in traditional lands. Led to the establishment to the general approach to try and resolve land claims. Culminated with an increasing demand for rights of aboriginal peoples to be recognized. Resulted with the aboriginal rights in canada"s constitution s. 35, including 3 types of rights: aboriginal rights, A spectrum: strength of right, extent of harm.
