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Full-Text Articles in Law
The Generative Structure Of Aboriginal Rights, Brian Slattery
The Generative Structure Of Aboriginal Rights, Brian Slattery
Articles & Book Chapters
Are aboriginal rights historical rights -- rights that gained their basic form in the distant past? Or are they generative rights -- rights that, although rooted in the past, have the capacity to renew themselves, as organic entities that grow and change? Section 35(1) of the Constitution Act, 1982 provides little guidance on the point, referring ambiguously to existing aboriginal and treaty rights. In the Van der Peet case, decided in 1996, the Supreme Court of Canada characterized aboriginal rights primarily as historical rights, moulded by the customs and practices of aboriginal groups at the time of European contact, with …
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.
Aboriginal Language Rights, Brian Slattery
Aboriginal Language Rights, Brian Slattery
Articles & Book Chapters
This paper considers several possible foundations for Indigenous language rights in the Constitution of Canada and argues for an approach that grounds these rights in inter-societal common law.
The Independence Of Canada, Brian Slattery
The Independence Of Canada, Brian Slattery
Articles & Book Chapters
Canada is in independent state and has been for many years. Its sovereign status has long been acknowledged by the international community and the courts. So the constitutional manoeuvres that culminated in the enactment of the Constitution Act, 1982, by the British Parliament, must strike any observer as a somewhat puzzling series of events. How can we explain the fact that a sovereign state should consider itself bound to employ the legislature of another sovereign state to secure for itself a new constitution? Underlying this question are a number of fundamental issues going to the foundations of the Canadian legal …
The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery
The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery
Articles & Book Chapters
This paper proposes a workable framework for the application of the constitutional provisions dealing with Aboriginal and treaty rights in Canada.