Canadian Constituional Law #36 - Aboriginal Rights




LoaLS: All Feeds show

Summary: In the second-last podcast for the course, we move outside the Charter and consider the constitutional entrenchment of aboriginal rights in sec 35 of the Constitution Act 1982. Even though these rights are entrenched outside of the Charter, we will see how jurisprudence has imposed limits upon aboriginal rights in a style very similar to the section 1 analysis normally performed on charter rights. St. Catherine's Milling and Lumber Co. v. The Queen (1888) Calder v. British Columbia (Attorney General) (1973) Guerin v. The Queen (1984) R. v. Sparrow, (1990) R. v. Van der Peet, (1996) Delgamuukw v. British Columbia (1997)