• Aboriginal Rights:
  • Collective rights rooted in historic cultural traditions and practices, based on ancestral use of the land.
  • Rights as distinct peoples recognized in law and treaties

Can We Help with Your Assignment?

Let us do your homework! Professional writers in all subject areas are available and will meet your assignment deadline. Free proofreading and copy-editing included.

  • Collective Rights: Rights held through membership to a group.  All members have same rights.
  • Areas of Concern:
    • Self-government
    • Land ownership
    • Control of natural resources

  • The Royal Proclamation, 1763
  • The document reserved lands for Aboriginal people (“Indians”) and ordered people who had settled on those lands to leave.
  • British Crown alone had the right to trade Aboriginal hunting and fishing grounds, but gave Aboriginals the right to hunt and fish on these acquired lands.
  • The final results of such negotiations were to be recorded in written treaties.

  • Historic Barriers to Equality
  • Racist attitudes held by non natives
  • Government policies and actions denying Native peoples their cultural heritage and collective rights
    • 1871 – 1921: Land agreements used to remove Native peoples from their traditional lands to allow for European settlements
    • Indian Act, 1876: policy of assimilation, banning of traditional practices, replaced Native self-government with elected band councils, rejected native justice and decisions regarding health care, social services and education under federal authority.
    • 1960s:  Residential schools; Cultural Genocide
  • Extreme poverty
  • Failure to provide for the educational needs of Native youth
  • Some Significant Gains
  • Aboriginals were allowed to sue the government over land claims.
  • 1960, right to vote
  • Drybones case 1970 (p. 207 – 208); removed non- drinking clause from the Indian Act.
Canada’s Aboriginal Communities

  • Landmark Decisions:
  • Lavell Case (1974)
  • Challenged status of Aboriginal women who married non-Aboriginal men.

  • The Calder Case (1973) P. 209
  • Legal claim to ancestral lands never surrendered
  • Accepted concept of “Aboriginal title” as legal
  • Trudeau government introduced process for negotiating land claims settlements as a result.

Cite this article as: William Anderson (Schoolworkhelper Editorial Team), "Aboriginal Rights," in SchoolWorkHelper, 2019, https://schoolworkhelper.net/aboriginal-rights/.
Inline Feedbacks
View all comments