1. Aboriginal Rights Dougal Mitchell

2. Discrimination • Aboriginals were denied the rights of other Canadians for most of their existence • Residential schools and other government establishments were created to attempt to assimilate the Aboriginals into western culture

3. Rights • Bill of Rights didn’t improve Aboriginal rights • Canadian Charter of Rights and Freedoms helped eliminate injustices

4. Impact of Constitution • Section 25 of the Charter protects the customs of Aboriginal people

5. Calder vs. BC • Nisga’a went to court to establish title to their traditional land • In 1973 the Supreme Court of Canada made the decision that the Nisga’a held their land before British Columbia was created • This formed the basis for Canadian Aboriginal laws

6. R. vs. Sparrow • The Supreme Court of Canada decided that Aboriginal rights that existed in 1982, such as fishing, are protected under the Constitution of Canada

7. Delgamuukw vs. BC • The Supreme Court of Canada ruled that Aboriginal title is an ancestral right protected by the Constitution Act • To claim Aboriginal title, the person must prove that they occupied the land before sovereignty • Oral tradition may be used to as evidence to claim an Aboriginal title

8. R. vs. Kapp • The Aboriginal Fisheries strategy, a federal government initiative, allowed only Aboriginal fishers to catch and sell salmon in a closed fishery on the Fraser River • Non-Aboriginal fishers claimed their equality rights were being violated under section 15(1) of the Charter • The government claimed that section 15(2) of the Charter allows them to develop programs to help disadvantaged groups improve their situation

9. END Dougal Mitchell Pages 339 - 340