WHAT ARE ABORIGINAL RIGHTS AND TREATY RIGHTS?
Aboriginal rights refer to practices, traditions and customs that distinguish the unique culture of each First Nation and were practiced prior to European contact. Aboriginal title is an aboriginal property right to land. Treaty rights refer to aboriginal rights that are set out in a treaty. For example, the Nisga’a Lisims government is an expression of the aboriginal right to self government. Aboriginal rights and treaty rights are protected under section 35 of the Constitution Act, 1982. In the past, the Government of Canada required First Nations to “cede, release and surrender” their aboriginal rights in exchange for treaty rights. This is referred to as an “extinguishment model.” One of the key challenges of the treaty process is to achieve certainty of land ownership and jurisdiction, while not extinguishing aboriginal title.
