Aboriginal Rights and the Constitution: A Story within a Story?

Research output: Chapter

Abstract

Proponents of group rights generally point to section 35 of Canada's Constitution Act 1982 as the prime example of legal rights being vested explicitly in groups. Section 35 declares that 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.' In this paper, the author examines the 1990 Supreme Court of Canada decision in R. v. Sparrow, a leading case on section 35, and its application to a fishing rights case involving her own community, the Nayaashiinigmiing, a reserve belonging to the Saugeen Ojibway Nation.

Original languageEnglish
Title of host publicationCanadian Constitutional Dilemmas Revisited
EditorsDenis Magnusson, Daniel Soberman
Place of PublicationKingston
PublisherInstitute of Intergovernmental Relations
Pages131-146
ISBN (Print)9780889115934
Publication statusPublished - 1997

Publication series

SeriesQueen's Policy Studies Series

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