1. Aboriginals
Canadian law has never used either "discovery" or "terra nullius." ... By the time of Canadian confederation in 1867, and the Rupert's Land transfer of 1869-70, Indian tribes were treated as "domestic," as within British and Canadian jurisdiction. ... Yet for decades the Government of Canada referred to the Syliboy decision as defining the status of treaties in Canadian law. ... If Canadian law had given Indians rights, Indians had rights. ... In 1982 section 35 was added to the Constitution of Canada: (1) The existing aboriginal and treaty rights of the aboriginal peoples ...
- Word Count: 4016
- Approx Pages: 16
- Grade Level: High School