The limits of the law: Aboriginal rights in the Canadian constitution

Abstract

It has been forty years since Aboriginal rights were enshrined in the Canadian constitution. We have seen the recognition of First Nations claims to unceded land, the negotiation of self-government agreements, and the rise of Indigenous leadership across Canada. We have also seen communities without clean water, the arrests of First Nation activists protesting pipeline developments, and the continued social and economic struggles of First Nation peoples across the country. It seems, therefore, that this might be an appropriate moment for a reflection on the last forty years of Aboriginal rights in the Canadian constitution. As such, this article examines the key legal judgements in Canadian jurisprudence to reflect on how the entrenchment of Aboriginal rights has legally affected First Nations in Canada, and question whether we have reached the limits of these decisions. The article is followed by a bibliography of key literature on First Nations rights and the constitution.