Aboriginal Rights
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Title
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Aboriginal Rights
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Description
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Indigenous Foundations at the University of British Columbia describes Aboriginal rights. It defines the term and provides information about the history of Aboriginal rights and the Crown, how the court system is addressing Aboriginal rights, Aboriginal rights as inherent, and Aboriginal perspectives on government-defined Aboriginal rights.
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Abstract
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Aboriginal rights are collective rights which flow from Aboriginal peoples’ continued use and occupation of certain areas. They are inherent rights which Aboriginal peoples have practiced and enjoyed since before European contact. Because each First Nation has historically functioned as a distinct society, there is no one official overarching Indigenous definition of what these rights are. Although these specific rights may vary between Aboriginal groups, in general they include rights to the land, rights to subsistence resources and activities, the right to self-determination and self-government, and the right to practice one’s own culture and customs including language and religion. Aboriginal rights have not been granted from external sources but are a result of Aboriginal peoples’ own occupation of their home territories as well as their ongoing social structures and political and legal systems. As such, Aboriginal rights are separate from rights afforded to non-Aboriginal Canadian citizens under Canadian common law.
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Publisher
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Indigenous Foundations
