Law 2101 Chapter Notes - Chapter aboriginal: Sui Generis, Arbitrariness, Constitution Act, 1982
Document Summary
Aboriginal law- wampum at niagara , respect for aboriginal rights: Proclamation= allow crown ignore fn part: aborig rights survived form and sustain foundations of fn/crown relationship, and inform cn subsequent treaty-making history. Illustrates fn/ crown relationship founded on peace, friendship and respect, where each nation will not interfere w internal affairs of other. Conclusion: never been abridged, repealed/ rendered nugatory- aborig rights presumed cont until contrary proven, supposed increasing weight" colonial history and disregard treaty of. Niagara doesn"t render void aboriginal rights under its protection: natural understanding proclamation by fn prompts interp includes promises made at. Niagara- outset considerable doubt about crown"s assertion sovereignty and legislative power over aborig rights: fn treated w crown active and powerful partners making provisions future relationship b/w parties. Guerin v. canada: entitled recover damages from fed crown in respect leasing to golf club of land of.
