Thursday, May 14, 2020

Aboriginal Rights in Canada Are They Being Denied

Aboriginal Rights in Canada: Are They Being Denied? When Canada was first inhabited by the First Nations people, the land was completely their own. They were free to inhabit and use the land in whichever manner they saw fit. However, since the arrival of the European settlers, the First Nations people have been mistreated in countless ways. They faced many issues throughout history, and are now facing even more serious problems in our modern society like having to endure racism, discrimination and social ridicule. Given what they already have to deal with, the last thing they should have to worry about is the denial of their rights which is a problem that Aboriginals have to contend with as well. Denial of Aboriginal rights is a very†¦show more content†¦The Sparrow test then outlines what might justify an infringement upon an Aboriginal right. An infringement might be justified if: †¢ The infringement serves a â€Å"valid legislative objective.† The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that; †¢ â€Å"There has been as little infringement as possible in order to effect the desired result;† †¢ Fair compensation was provided, and, †¢ Aboriginal groups were consulted, or, â€Å"at the least†¦ informed.† (Hanson, Salomons) This case and the resulting test were instrumental in defining aboriginal rights. However, it was also very controversial as it confirmed one thing: aboriginal rights are not absolute and this has been highlighted in numerous cases whereby aboriginal rights being denied. Firstly, Aboriginals have been run out of their native lands and what little they have left is constantly being fought over by the Natives, the government and major corporations. Mr. Norman Slotkin, a lawyer for the Union of Ontario Indians, had this to say: â€Å"Most nations consider the notion of land to be an important one. But to Canada s aboriginal people, it is also a strong cultural symbol. Native identity is drawn from the land: It has been a form of subsistence, and an integral part of creation myths. For this reason, it is only withShow MoreRelatedConflict between Canada and the First Nations Essay1139 Words   |  5 PagesConflict between Canada and the First Nations has been going on since the Europeans first arrived. 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