What are Section 35 Aboriginal rights?
Section 35 of the Constitution Act, 1982 explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. Section 35 also indicates that the term “Aboriginal peoples of Canada” includes the First Nation, Inuit and Métis peoples of Canada.
What are the 3 main demands that indigenous peoples are asking the Canadian government?
Indigenous peoples have traditionally pointed to three principal arguments to establish their rights: international law, the Royal Proclamation of 1763 (as well as treaties that have since followed) and common law as defined in Canadian courts.
How did the repatriation of the Canadian Constitution in 1982 change the Indian Act?
In 1982, the Government of Canada patriated the Canadian Constitution, and in so doing, formally entrenched Aboriginal and treaty rights in the supreme law of Canada. Existing Aboriginal land rights can no longer be extinguished without the consent of those Aboriginal Peoples holding interests in those lands.
Why can’t a First Nations person get a mortgage on a property on reserve?
Because First Nations can’t own land, they have no assets against which to secure mortgages. That means people who want to build on-reserve homes need to front 100 percent of their building costs—costs that can surpass normal market value due to the remoteness of many reserves.
What is section 35 1 of the Canadian Constitution Act, 1982?
35 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Métis peoples of Canada.
What is indigenous rights movement?
In 1938, a large group of Aboriginal people gathered in Sydney at a protest they called the Day of Mourning, which marked 150 years since European settlement. The Indigenous demonstrators demanded full citizen rights and equality and the protest was the beginning of the organised Aboriginal civil rights movement.
Why does s 35 1 of the Constitution Act, 1982 refer to existing Aboriginal and treaty rights?
Section 35 also recognizes that Aboriginal rights are “existing.” The Supreme Court of Canada has stated that this means that any Aboriginal rights that had been extinguished by treaty or other legal processes prior to 1982 no longer existed and therefore are not protected under the Constitution.
What are some of the rights that Aboriginal people have?
Aboriginal rights have been interpreted to include a range of cultural, social, political, and economic rights including the right to land, as well as to fish, to hunt, to practice one’s own culture, and to establish treaties. 1 Section 35 also recognizes that Aboriginal rights are “existing.”
What was the indigenous land rights movement in Australia?
The Indigenous land rights movement also gained momentum in the early 1960s, as huge quantities of bauxite were discovered in northern Australia, on Aboriginal missions and reserves. It was the beginning of a mining boom, and also a struggle for land rights for the people who had lived on these lands since time immemorial. [4]
Who was the leader of Student Action for Aborigines?
Aboriginal Activist Charlie Perkins. Student Action for Aborigines (SAFA) In 1964, students at the University of Sydney formed Student Action for Aborigines (SAFA), a group led by Charles Perkins, a third year student and Arrente man born in Alice Springs.
When did Aboriginal rights, title and duty to consult start?
Aboriginal rights, title and the duty to consult are mighty topics that have been evolving ever since 1763 when King George III issued the Royal Proclamation, albeit with a gap between 1876 and 1951 when the Indian Act’s punitive policies restricted movement of Indigenous Peoples as well as their access to lawyers.