cover image: CHAPTER 1 COMPLETING CONFEDERATION: - THE NECESSARY FOUNDATION

20.500.12592/8t4qd9

CHAPTER 1 COMPLETING CONFEDERATION: - THE NECESSARY FOUNDATION

11 Jun 2021

Their political efforts and the support of allies led to the inclusion of “existing aboriginal and treaty rights” in Section 35, a provision for a process to specify the nature of these rights in Section 37, and, in Section 25 of the Charter of Rights and Freedoms, a guarantee that the Charter would not “abrogate or derogate from any aboriginal, treaty or other rights.”2 Although these provisions. [...] The inherent principle of or right to self-determination flows from this sovereignty, with the exercise of the constitutional right to self-government being one of the paths to express self-determination.10 These came to be known as “Section 35 rights.” As a fundamental starting point, the commission held that Section 35 rights acknowledge the pre-existence of the right to self-determination. [...] The commission further recom- mended that the government of Canada formally recognize and help to bring about the implementation of self-governing rights through legislation, an act that would also provide the mechanism for it to vacate its legislative authority and responsibility under Section 91(24) of the Constitution.14 In the event of any conflict between Indigenous law and federal law within. [...] They should meet five key objectives: self-reliance, equity, efficiency, accountability, and harmonization.26 To effect the creation of a new nation-to-nation relationship and the implementation of the inherent right to self-determination in particular, the commission recommended a variety of legislative and other actions: a new Royal Proclamation, framework legislation on the inherent right as we. [...] It means reframing the relationship from one that must be constricted, limited, and “managed” in the short term to one that is accommodating and acknowledges the ongoing nature of the relation- ship as well as the equal importance and value of the lives of Indigenous peoples to other Canadians within their jurisdiction.
Pages
31
Published in
Canada

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