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Section 35 of the Constitution Act, 1982 provides:

“35(1) The existing aboriginal and treaty rights of the aboriginal people in Canada are hereby recognized and affirmed.

(2) In this Act, “Aboriginal Peoples of Canada “includes the Indian, Inuit, and Métis Peoples of Canada.

(3) For greater certainty, in subsection (1), “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.”[1]

 

Legal cases between first nation communities and the government or corporations can provide reference information for first nations groups to further know their rights and provide clarification on certain issues.

 

Here’s a collection of legal cases websites:

https://scc-csc.lexum.com/scc-csc/en/d/s/index.do?cont=%22first+nation%22&ref=&d1=&d2=&p=&col=1&or=date

https://www.lib.sfu.ca/help/research-assistance/subject/criminology/legal-information/indigenous-scc-cases#land-title

 

And case summaries based on representative cases by ecotrust:

FPL_2018_3RDEd_Download

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