Aboriginal right definition

Aboriginal right means an Aboriginal right within the meaning of section 35 of the

Aboriginal right means a right that Canada’s courts have defined as flowing from the distinctive cultural practices that First Nation and Inuit communities engaged in before contact with Europeans and that Métis communities engaged in before Europeans gained effective legal and political control in relevant areas.

Examples of Aboriginal right in a sentence

• At one end of the spectrum lie cases where the claim to title is weak, the Aboriginal right limited, or the potential for infringement minor.

• In the 1990 Sparrow decision, the Supreme Court of Canada found that where an Aboriginal group has an Aboriginal right to fish for food, social and ceremonial (FSC) purposes, it takes priority, after conservation, over other uses of the resource.

• The SCC did not define the scope of this fishery, but it noted that the case arose as a result of an alleged breach of a food fishing license and therefore that the case was not about the nature or extent of an Aboriginal right to a commercial fishery.9 The government could infringe this right to a food, social and ceremonial fishery – regulations that were legitimately required to conserve fish stocks might be a justifiable infringement – but the onus lay with government to justify any infringement.

• The case arose as a result of the Crown’s prosecution of Aboriginal fishers from the Musqueam First Nation for offences under the Fisheries Act and their assertion, in defense, of an Aboriginal right to fish.

• The Agreement recognizes and is based on the inherent right of self-government as an existing Aboriginal right, it is not considered a Treaty, and it will not take away anything regarding Aboriginal and Treaty Rights.

• Their atmospheric concentrations have increased significantly and are projected to continue to do so.

• The foundation of the duty in the Crown’s honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it: see Halfway River First Nation v.

• It is Indigenous Peoples’ Treaty and Aboriginal right to attend all educational institutions built on unceded and unsurrendered Indigenous territories.

• Thus, conservation was the first priority in managing the fishery, then the “Indian” food fisheries, and only then the sport and commercial fisheries.10Sparrow defined the rights of the Musqueam, but the priority of the Aboriginal fisheries extended to all those able to establish an Aboriginal right to fish for food.

• The foundation of the duty in the Crown’s honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it.