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Aboriginal Rights (Canada) - Essay Example

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The aboriginal rights in Canada feature inconstitution in section 35 of the charter of rights as part of the legal boundary governing the people in Canada. Historically, the aboriginal rightsprotected the aboriginal people and their status in the society. …
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Aboriginal Rights (Canada)
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Download file to see previous pages They are separate entity rights in Canada that the aboriginal people have practiced and acclimatized to over time. Historically, the aboriginal rights merely protected the aboriginal people and their status in the society. However, the rights and freedoms accorded to the aboriginal people have taken a new shape in the recent times. The aboriginal people now enjoy more emphasized and cemented rights and freedoms, as do other people in Canada. This paper analyzes the aboriginal rights and freedoms from a political angle in order to determine their application in Canada. Past Application of Aboriginal Rights In the past, the aboriginal rights and privileges in Canada only applied within the borders of the country. Aboriginal politicians defended their countries especially when foreign countries infringed on the rights. Particularly, the aboriginal politicians complained to the international bodies like the United Nations over the imposition of the British crown rules on the aboriginal people (Panagos 407). The politicians argued that the aboriginal people were governed by the aboriginal laws hence the imposition of the British crown laws lacked meaningful ground for application. Many aboriginal groups however call upon the government to recognize the aboriginal laws. ...
However, the government and colonial masters brought discriminatory pieces to the aboriginal rights hence the aboriginal people faced more discrimination even in the face of the new treaties. On such grounds, the aboriginal people in Canada are resistant to allow the government any point of disrespect to the aboriginal rights. Court Implementation and Application of the Aboriginal Rights In the existence of the aboriginal rights, the court has played a major role in solving disputes and aligning the aboriginal rights among the people. The courts have previously arbitrated the conflicts between the aboriginal politicians and the governmental agencies. According to Ray (400), in the recognition of the aboriginal rights by the government in 1982, the government did not define what these rights were. This brought a lot of confusion over the application and enjoyment of the rights. In a statement during the adoption of the aboriginal rights, the courts attained the power to determine the definition and jurisdiction of the aboriginal rights. In this sense, the courts would determine cases on grounds of whether the aboriginal rights applied to a case or not. The courts have also played a role in the aboriginal rights through the creation of the “sparrow test” in the case of the 1990 R v Sparrow decision. The case brought two factors into existence as regards the aboriginal rights (Collins 959). First, it defined the extent to which the aboriginal rights could apply and the pieces or parts that could be infringed by the government. The case also confirmed that the aboriginal rights were not absolute because the court, which ...Download file to see next pagesRead More
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