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aboriginal rights
Date Submitted: 07/20/2003 18:10:44
Did the Constitution Act, 1982 help to resolve the nature of aboriginal people rights in Canada? Through a brief historical approach of the courts and recent decisions of the Supreme Court of Canada, this paper intends to demonstrate how these decisions have substantially changed the landscape of aboriginal and treaty rights. This paper will also concentrate on issues of Treaty rights, aboriginal rights and title, reserved lands, harvesting rights, as well as self-government to further illustrate
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List of Cases Referred To:
Nowegijick v. The Queen (1983), 144 D.L.R. (3d) 193 (S.C.C.)
R. v. Simon (1985), 24 D.L.R. (4th) 390 (S.C.C.)
St. Catherines Milling & Lumber Co. v. The Queen (1888), 14 App. Cas. 46 (P.C.)
Sparrow v. The Queen (1990), 70 D.L.R. (4th) 385 (S.C.C.)
Williams v. The Queen (1992), 90 D.L.R. (4th) 129 (S.C.C.)
Constitution Act, 1867
Royal Proclamation, 1763
Indian Act,
Robinson Treaties, 1850
Post Confederation Treaties, Rupert's Land, 1870 (1-11)
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