Aboriginal Rights in Canada

Decent Essays

There has been a great deal of contention over Aboriginal Rights in Canada. Much of this conflict can be said to stem from the differences in both the philosophy and cultural systems of Aboriginal and non-aboriginal people, with much of it originating from the time of the original European settlement of Canada (UBC Law, 2009). The focus of this conflict has been primarily on the rights to land, sea and resources, as well as how the law is to apply to the Aboriginal peoples of Canada (UBC Law, 2009).
Contention on law began early into the colonization period. Originally the Royal Proclamation of 1763, set by the British Crown, was in place to protect the land rights of Canadian Aboriginals (UBC Law, 2009). The Royal Proclamation recognized Aboriginal title, and sought to establish relations with the Aboriginals (UBC Law, 2009). Ultimately, the proclamation meant that there was Crown recognition of land ownership, and that Aboriginal authority would continue under North Americas new British reign (UBC Law, 2009). In order to protect these land rights, a provision was made. The provision states that only the British Crown had the ability to acquire land in Canada from the Aboriginal community, and could only do so by treaty (UBC Law, 2009). Thus, the original Royal Proclamation of 1763 served to protect Aboriginal land rights under the British Sovereignty.
However, despite British attempts to cement Aboriginal rights, the colonial governments did not necessarily cooperate. In

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