Aboriginal+rights

ABORIGINAL RIGHTS (Law) – Case of R. v. Sparrow 1990 (Issues)
 * // Constitution Act //// 1982 //
 * Hunting for subsistence only; unlimited unless conservation risk
 * Hunting methods (**Sparrow** decision allowed for community evolution, e.g. in respect to traditional hunting)
 * Commercial activity limited by **quota** set by government

First Nations have traditional rights to harvest food under the Constitution Act. This allows them to hunt without restriction within federally established conservation requirements.
 * CASE STUDY 1 DONT NEED TO DO!!!!! Leave Alone below this page break, above is Case study 5**
 * Aboriginal rights** protect the activities, practice, and traditions of the aboriginal peoples in Canada that are integral to the distinctive culture of aboriginal peoples. [|Section 35 of the Constitution Act, 1982] "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. The treaty rights protect and enforce agreements in between the crown and the aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. These rights extend to people who make up the Indian, Inuit, and Métis peoples.

The proclamation of the Constitution Act, 1982, signed by Elizabeth II, Queen of Canada. Section 35 of Constitution Act allows First Nations to argue through historic and contemporary treaties and the courts what they believe is lawful tenure over their traditional lands. This has been born out thourgh land claims and court challenges to resource exploitation rights. Expansion of the James Bay Hydro Electric Project demonstrated the legitimacy of Aboriginal title over traditional lands. While a number of prescendents have been established that legitimize First Nations title, court decisions have not always found favour with Aboriginal challenges. In 2008 the Athabaskan Chipewyan First Nation called for a review of four tar sand leass arguing that leases had been granted without First Nations consultation. The tenures had been granted by the province //ultra vires.// The case was dismissed on procedural grounds and now is being heard by thee Alberta Court of Appeal.