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The Aboriginal Constitution, Brian Slattery
The Aboriginal Constitution, Brian Slattery
Brian Slattery
In a remarkable series of cases over the past decade, from Haida Nation to Manitoba Métis Federation, the Supreme Court of Canada has thrown a strong light on three basic elements of Aboriginal law: the honour of the Crown, the Royal Proclamation of 1763, and Aboriginal Treaties. This paper argues that these form the framework of the Aboriginal Constitution, which parallels the Federal Pact between the Provinces in the Constitution Act, 1867. Indeed, the Aboriginal Constitution provides the Constitution of Canada with its most ancient and enduring roots.
French Claims In North America, 1500-59, Brian Slattery
French Claims In North America, 1500-59, Brian Slattery
Brian Slattery
This article reviews the history of early French explorations in North America in their diplomatic context and concludes that, contrary to common assumptions, there is little reliable evidence that France laid official claim to North American territories prior to 1560 or that it viewed these territories as territorium nullius or denied the capacity and rights of Indigenous American peoples.