Skip to main content
Contribution to Book
Aboriginal Rights and the Constitution: A Story within a Story?
All Faculty Publications
  • Darlene Johnston, Allard School of Law at the University of British Columbia
Faculty Author Type
Emeritus Faculty [Darlene Johnston]
Document Type
Book Chapter
Publication Date
1-1-1997
Subjects
  • Canada; Aboriginal rights; constitutional law
Abstract

Proponents of group rights generally point to section 35 of Canada's Constitution Act 1982 as the prime example of legal rights being vested explicitly in groups. Section 35 declares that 'the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.' In this paper, the author examines the 1990 Supreme Court of Canada decision in R. v. Sparrow, a leading case on section 35, and its application to a fishing rights case involving her own community, the Nayaashiinigmiing, a reserve belonging to the Saugeen Ojibway Nation.

Locate the Document

Alternate Online Access (with full-text)

Citation Information
Darlene Johnston, "Aboriginal Rights and the Constitution: A Story within a Story?" in Denis N Magnusson & Daniel A Soberman, eds, Canadian Constitutional Dilemmas Revisited (Kingston: Institute of Intergovernmental Relations, 1997) 131.