CRIM 335 - Indigenous Rights

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School

Simon Fraser University *

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Course

335

Subject

Political Science

Date

Oct 30, 2023

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pdf

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Uploaded by BarristerFang10644

CRIM 335: HUMAN RIGHTS & CIVIL LIBERTIES WEEK 7: INDIGENOUS RIGHTS

INDIGENOUS RIGHTS Week 1: Introduction to the Course Week 2: Non-Charter Protection Week 3: The Nature and Scope of the Canadian Charter of Rights and Freedoms Week 4: The Limits and Application of the Canadian Charter of Rights and Freedoms Week 5: Freedom of Conscience and Religion Week 6: Midterm Review Week 7: Midterm (postponed) Week 8: Indigenous Rights (covered during Week 7 lesson time) Week 9: Equality Week 10: Life, Liberty, and Security of the Person Week 11: Rights in the Criminal Process Week 12: Final Exam Review Week 13: Distribution of Final Exam Instructions

INDIGENOUS RIGHTS This lesson is intended to provide you with the ability to discuss and explain the nature of Aboriginal and Treaty rights under Canadian law as well as limits that may be placed on the same. You should know the difference between the terms 'Aboriginal law' and 'Indigenous law' and should be able to provide specific examples of both. Finally, this module will introduce you to key cases that have defined the scope of Aboriginal laws in Canada.

INDIGENOUS RIGHTS HTTPS://WWW.PIVOTLEGAL. ORG/_INDIGENOUS_LAW_A ND_ABORIGINAL_LAW

INDIGENOUS RIGHTS Aboriginal title is established through a 3-part test that requires: 1. Occupation of the land before European sovereignty; 2. Continuity of occupation where present occupation is relied upon; and 3. Exclusive historical occupation

INDIGENOUS RIGHTS ¡ Once established, Aboriginal title: ¡ Cannot be sold to third parties and can only be ceded to the Crown ¡ Cannot be used in a manner that prevents future generations from enjoying the title and the attachment to the land that gives rise to the right ¡ Can be subjected to ‘reasonable limits’ that are consistent with the Crown’s honour and fiduciary duties towards Indigenous peoples (rational connection, minimal impairment, proportionality)

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