Anishinaabe Nation in Treaty No. 3 - Aboriginal and Treaty Rights

Aboriginal and Treaty Rights

The Crown has fundamental rights under Treaty 3. These include the right of Canadians to enter and live peacefully in Treaty 3 territory and to share its natural resources. Because Treaty 3 was made with a single aboriginal people, it is clear that the Anishinaabe Nation in Treaty No. 3 is the "rights-holder" for the collective aboriginal and treaty rights of its citizens. In general, such rights are held by an aboriginal people of Canada (not a Band). Aboriginal rights of the Nation include specific (local) rights and generic rights such as:

  • the right to conclude treaties,
  • the right to customary law,
  • the right to the fiduciary protection of the Crown,
  • the right to an ancestral territory,
  • the right of cultural integrity,
  • the right to a moderate livelihood, and
  • the right of self-government.

Since 1982, the Nation's aboriginal and treaty rights, including its treaty right to exist as an aboriginal people in Canada, have been recognized and affirmed by section 35 of the Constitution Act, 1982. Responsibilities of the Nation's government include protection of aboriginal rights and honoring Treaty relationships with the Crown and with other aboriginal peoples. When the Crown proposes actions that may affect treaty or aboriginal rights, such as changes to governance laws or child protection laws, or licenses for forestry or permits for mining in Treaty 3 territory, it must consult with the Nation through its government and accommodate or compensate potentially affected rights.

Read more about this topic:  Anishinaabe Nation In Treaty No. 3

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