Canadian Aboriginals Assignment

Canadian Aboriginals Assignment - Quiz

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Question 1. What is the difference between an Inherent right and Treaty Right? Explain, and provide one example of each to illustrate your answer.

Inherent Right means the right of an individual that are fundamental and are bestowed upon him or her by his or her creator that cannot be taken away by any legislation or the government legal system. (The Law Dictionary, 2016) Inherent rights are non-transferrable universal rights that are given to an individual at the time of birth and retained by him throughout his life. The example of such inherent right can be Pursuit of happiness and Liberty. (legaldictionary.net , 2016)

On the other hand, Treaty rights are the rights reserved by indigenous individuals while signing off treaties with the settler such as the European colonials. These treaty rights are claimed them as they are right for self-determination and culture survival entailing their recognition as a band or as a tribe or as a nation.^[1] The difference between inherent right and treaty right is that treaty right may be considered as special rights given by state because of racial status of individuals. Some individuals provide the opinion that treaty rights are reserved for the natives who sign off the treaties in their government to government relationships.(Dudas, 2008) One can take an example of hunting and fishing as a treaty right reserved for native individuals on their accustomed areas.

Question 2. What were the goals/intent of the Royal Proclamation of 1763, and how is it being used today by Aboriginal Peoples in Canada to defend their rights? Give an example.

Royal Proclamation of 1763 is a document that provides guidelines for the European settlement of Aboriginal areas. The Royal Proclamation was preliminary released by King George III in the year 1763 to officially announce the claim of British territory in North America after the Great Britain won the Seven Years long War with France.^[2] It is still a valid document that is part of Canadian constitution act Section 25 and till today is not overruled by any other law or act. (Havemann, 1999)

1763 Royal Proclamation intents that the Aboriginal individuals had existed and will continue to exist in their native areas and that their land would be regarded as their land until it is relinquished by the treaty. Due to this Proclamation settlers are forbidden to claim land from the Aboriginal individuals, unless it has been first purchased  by the Royal Crown that can then be sold to the settlers. This Proclamation shows the Royal Crown monopoly over the aboriginal land that only they can buy land from these First Nations. (Binnema, 2011) one can take an example of 1997 case of Delgamuukw against British Columbia where a comprehensive and detailed decision was taken by the court about Aboriginal title and land occupation claim and rights. (Canlii.org, 1997)