The Constitutional Rights of the Aboriginal Peoples of Canada

Supreme Court Law Review, Vol. 4, pp. 255-265, 1982

6 Pages Posted: 28 Jul 2010

See all articles by Kent McNeil

Kent McNeil

York University - Osgoode Hall Law School

Date Written: 1982

Abstract

Canada's aboriginal peoples have always enjoyed special status and unique rights under Canadian law as a result of their original occupation and use of the land that now makes up this country. Prior to the enactment of the Constitution Act, 1982 (hereinafter referred to as "the Act"), however, the constitutional protection afforded those rights was at best limited. The purpose of this paper is to examine the effect of the Act on the rights of the aboriginal peoples, and specifically to analyze the three sections in which those rights are expressly mentioned.

Keywords: Canada, Constitution, Aboriginal rights

JEL Classification: K39

Suggested Citation

McNeil, Kent, The Constitutional Rights of the Aboriginal Peoples of Canada (1982). Supreme Court Law Review, Vol. 4, pp. 255-265, 1982. Available at SSRN: https://ssrn.com/abstract=1649592

Kent McNeil (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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