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Madeleine A Sinclair

2009

Climate change

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Rights, Rights Everywhere And Not A Fish To Fish: Considering Aboriginal And Treaty Rights In Canada As A Platform For Climate Change Litigation, Madeleine A. Sinclair Aug 2009

Rights, Rights Everywhere And Not A Fish To Fish: Considering Aboriginal And Treaty Rights In Canada As A Platform For Climate Change Litigation, Madeleine A. Sinclair

Madeleine A Sinclair

The very existence and identity of Aboriginal peoples is often tied inextricably to their lands and the natural resources they have depended on for so long are crucial not only for sustenance but also for cultural identity and spirituality. A complex legal regime and unique set of rights has resulted from efforts to reconcile this with the sovereignty of the Canadian crown. This paper aims to lay the foundations for an argument that, as holders of distinctive rights, Aboriginal peoples in Canada are uniquely positioned in a legal fight to force action on climate change.

This article examines aboriginal and …