Native Studies 30

UNIT ONE - ABORIGINAL AND TREATY RIGHTS

Assignment

ABORIGINAL RIGHTS AND COURT CASES
ASSIGNMENT 12

Provincial Archives of Alberta
P 113

Aboriginal rights and Treaty rights and the recognition of these rights have been an on- going process for First Nations people in and out of court over the last century. In many cases, federal and provincial governments and the Canadian courts have been unreceptive to aboriginal claims. Recently there have been a number of court decisions which have clarified Aboriginal and Treaty rights.

These sites will help you do the following activities.

Legal Background To Nisga'a Land Claim Negotiations
The Sioui Case
The Marshall Decision and the Maritime Canadian Fishery
Implications of the Marshall Case
The Sparrow Case
The Calder Casedsgggdfhdfbfghjgfgggfffdddgggkkk,cmls

1. There are two important terms to understand when dealing with the interpretation of Aboriginal and treaty rights. These are USUFRUCTUARY RIGHT and FIDUCIARY OBLIGATIONS. Using the Glossary, define these terms in your own words and give an example for each.

2. There are four important court cases that you need to deal with when understanding Aboriginal and treaty rights:
a) The Calder case
b) The Sparrow case
c) The Sioui Case
d) The Marshall Case

Given the above cases answer the following questions:
i) Why was each individual charged in his or her respective case?
ii) Explain the reasons for the courts decisions in each case.
iii) What affect did each case have on Aboriginal and Treaty rights?

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Resources

Video - Nisgaa Treaty
- Marshall decision