11 Questions
What is the significance of constitutional protection for modern treaties in Canada?
It ensures that modern treaties take precedence over other laws and policies.
How do modern treaties reflect the differences between treaty holders?
By being unique in their geographic, cultural, and other differences.
Who are the parties involved in negotiating modern treaties in Canada?
Federal government, Indigenous peoples, and provincial Crown or territorial 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.
According to the Supreme Court of Canada, how should courts interpret treaties?
Liberally and in favor of Indigenous groups
What is the legal status of modern treaties?
They are lists of constitutionally protected rights and obligations
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
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
According to the Supreme Court, what are two tests for determining whether section 35 protects rights?
Integral to distinctive culture and existing rights
What do modern treaties represent for Indigenous groups in Canada?
An agreement terms appropriate to their specific situations
What have First Nations & Inuit peoples been practicing for thousands of years according to the text?
Environmental protection, regulation, and assessment
Test your knowledge of the interpretation of treaties in Canadian law, including the importance of oral promises in treaty signing and the approach towards Indigenous groups.
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