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Lecture 8

Political Science 2230E Lecture 8: 2230 March 14

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Political Science
Political Science 2230E
Cameron Anderson

Political Science 2230 March 14, 2017 Indigenous Politics 2 Major Questions: What is the difference between the contingent rights approach and the inherent rights approach to Aboriginal rights? source of aboriginal rights: is it Canadian State or does it lie elsewhere Contingent rights approach: conceives as Aboriginal rights as something the Canadian state chooses to give accepts authority of Canadian state over Aborginal people over Canadian state no independent existence alone, Canadian state not obligated conceived requires sovereignty through Inherent Rights lense no longer granted to people through superior dont exist but bc Canadian nation says so arguments advanced to support Inherent Rights Approach: prior to arrival of Europeans, were independent people settles could only impose their nation through Just War o unless Indigenous decided to give their rights of sovereign nation through treaty How are the two approaches to understanding the nature of Aboriginal rights important to the distinction between Aboriginal selfgovernment and selfdetermination? sometimes interchangeable as concepts different selfdetermination is stronger claim SelfGovernment: o contingent rights approach, involves federal or provincial or government giving jurisdiction over certain area to indigenous government body o selfadministration right to administer policy
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