INDG 107.3 Lecture Notes - Lecture 8: Indian Act, Settler Colonialism, Individual And Group Rights

• School: U of S
• Department: Indigenous Studies
• Course: INDG 107.3
• Professor: Bonita Beatty

Document Summary

Have to go through all the levels before you reach supreme court. Majority of cases in ab law go through the middle column. I. e. parking tickets if you want to appeal you would go to superior court. Ab rights are collective or group of rights. Individual rights claims are based in relation to broader collective rights. Ab rights are based on, ab peoples" continued used and occupation of certain areas. They are inherent rights which ab peoples have practiced and enjoyed since before. Inherent theory of ab rights vs contingent theory of ab rights (asch & macklem, 1991) Ab rights not determined by the state or by the courts. This approach upholds indigenous sovereignty, indigenous governance systems, indigenous laws, and self-determination. Idea that ab rights pre-existed prior to the crown. Ab rights do not exist because the courts of the crown has recognized the,.