Political Science 2230E Lecture Notes - Lecture 9: Pierre Trudeau, Indian Register, Wampum

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Sees canada as the source of protecting aborigional rights. Some soverign authority delegated by the canadian state to. Authority that canadian state exercises over peoples = legitimate. Aborigional rights only exist as much as the canadian state wants to recognize. Which rights and how much the canadian states wants to recognize. Rights possessed because they are an sovereign nation. Similar to principle of discovery - set of inherent and intrinsic rights. Key right to nations = right to self determination. Source of aboriginal rights is not the canadian state. Aboriginals rights have an independent existence - flow out of status of ppl as nations (source of aboriginal rights) --> specifically right to nation. There was no just war therefore only sovereignty could be given up via. Position that accords very much w/ contingent rights approach. Situation where federal/provincial government decides to give policy area to aboriginal. Canadian state - this is why it"s closer to contingent rights.

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