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Interpretation of Treaties in Canadian Law

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Interpretation of Treaties in Canadian Law

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Questions and Answers

What is the significance of constitutional protection for modern treaties in Canada?

It limits the impact of modern treaties on regional economies.

It ensures that modern treaties take precedence over other laws and policies. (correct)

It guarantees that modern treaties will always align with federal government priorities.

It allows the provincial Crown to have authority over modern treaties.

How do modern treaties reflect the differences between treaty holders?

By being unique in their geographic, cultural, and other differences. (correct)

By managing their environmental priorities in the same way.

By negotiating with the provincial Crown only.

By prioritizing federal government involvement over Indigenous peoples.

Who are the parties involved in negotiating modern treaties in Canada?

Federal government, Indigenous peoples, and provincial Crown or territorial government (correct)

Provincial Crown, territorial government, and Indigenous peoples

Indigenous peoples, federal government, and municipal governments

Indigenous peoples, municipal governments, and federal government

What impact do modern treaties have on Indigenous governments and regional economies?

They enable Indigenous governments to become partners with other governments and industry, positively impacting regional economies. Signup and view all the answers

According to the Supreme Court of Canada, how should courts interpret treaties?

Liberally and in favor of Indigenous groups Signup and view all the answers

What is the legal status of modern treaties?

They are lists of constitutionally protected rights and obligations Signup and view all the answers

Why do Canada's modern treaties differ from region to region?

Because each signatory is a distinct people with unique cultural, political, and economic priorities Signup and view all the answers

In R v Badger (1996), what did the Supreme Court hold should be considered in interpreting the treaty?

Oral promises made at the time of the treaty signing Signup and view all the answers

According to the Supreme Court, what are two tests for determining whether section 35 protects rights?

Integral to distinctive culture and existing rights Signup and view all the answers

What do modern treaties represent for Indigenous groups in Canada?

An agreement terms appropriate to their specific situations Signup and view all the answers

What have First Nations & Inuit peoples been practicing for thousands of years according to the text?

Environmental protection, regulation, and assessment Signup and view all the answers