Not exact matches
Left to
right: Elin Sigurdson
practices aboriginal and constitutional law at JFK Law Corporation and Katrina Pacey is a partner at Ethos Law Group LLP and the litigation director at Pivot Legal Society.
Pelletier is of the Maliseet First Nation from Nova Scotia whose
practice focuses on
aboriginal and treaty
rights litigation.
First, that
aboriginal title encompasses the
right to exclusive use and occupation of the land held pursuant to that title for a variety of purposes, which need not be aspects of those
aboriginal practices, customs and traditions which are integral to distinctive
aboriginal cultures; and second, that those protected uses must not be irreconcilable with the nature of the group's attachment to that land.29
The central principle laid down was, «to be an
aboriginal right, an activity must be an element of a
practice, custom or tradition integral to the distinctive culture of the
aboriginal group claiming the
right.»
What of the Chief Justice's caution in Van der Peet: «Courts considering a claim to the existence of an
aboriginal right must focus specifically on the
practices, customs and traditions of the particular
aboriginal group claiming the
right»?
In its recent consideration of Canada's periodic report to it, the Human
Rights Committee recommended that «the practice of extinguishment of inherent aboriginal rights be abandoned as incompatible with Article1 of the Covenant, [the right of self - determination]&r
Rights Committee recommended that «the
practice of extinguishment of inherent
aboriginal rights be abandoned as incompatible with Article1 of the Covenant, [the right of self - determination]&r
rights be abandoned as incompatible with Article1 of the Covenant, [the
right of self - determination]».