Law 2101 Lecture Notes - Lecture 15: Constitution Act, 1867, Federal Common Law, Aboriginal Title
8 Mar 2018
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Federal government is assigned exclusive jurisdiction over "indians and land reserved over the indians" Section 35: existing aboriginal and treaty rights are recognized and affirmed. Section 25: the in the charter of rights and freedoms shall not be construed so as abrogate or derogate from any aboriginal, treaty or other rights and freedoms that pertain to the aboriginal peoples of canada including: Any rights and freedoms that now exist by the way of land claims agreement or that may be so acquired. Principle of equality is inconsistent with recognizing aboriginal or treaty rights. Canada is and should be governed by the principle of "one law for all" Aboriginal people were conquered in canada - to recognize aboriginal rights is to rewrite history. Guaranteed that their rights of land will be respected by britain unless taken with consent. Security of colonies that natives are not disturbed. No individual could claim to have acquired land through native peoples.
