POL305Y1 Lecture Notes - Lecture 9: Ethnocentrism, Distinct Society, Elijah Harper

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Opposition to inclusion of word existing in section 35 of constitution 1982. Used to fn advantage, specifically with self-government right. Never gave up right to self-government through treaties. Aboriginal and treaty rights can no longer be unilaterally extinguished by the crown. Has not stopped encroachment on aboriginal territories and resources or infringement of aboriginal title. Different views can be divided into 3 categories: 1) want to give some scope and meaning to section 35, believe hasn"t yet been effec- tively used. 2) transform s. 35 that will acknowledge aboriginals as nations, etc. 3) moving beyond s. 35, deny its significance, no solution there, want nation to nation relationship. Sec. 37: a constitutional conference to identify and define those aboriginal rights. A middle ground between sovereignty and assimilation. Distinct and special meaning full autonomy and self-determination within canada and the canadian constitution frustration with conceptual differences and the refusal of governments to listen to abo- riginal discourse.

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