Native Claims in Rupert's Land and the North-Western Territory: Canada's Constitutional Obligations

Authors

Kent McNeil, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

1982

Source Publication

Studies in Aboriginal Rights No.5 University of Saskatchewan Native Law Centre 1982

Abstract

The final step in the evolution of Canada from colony to sovereign and independent state was taken on April 17, 1982, with the signing of the Constitution Act, 1982. I While the consequences for Canadian society generally of patriation of the Constitution and inclusion of a Charter of Rights and Freedoms are not to be underestimated, the effect on the aboriginal peoples of Canada could be much greater. This is because these peoples are the original inhabitants of this country and as such they have special rights in Canadian law. These rights originate in the common law doctrine of aboriginal title. They have been recognized by a variety of documents, including the Royal Proclamation of 1763, the treaties and the Natural Resources Transfer Agreements. One such document is the Rupert's Land and North- Western Territory Order (hereinafter referred to as the Rupert's Land Order), an Imperial Order in Council dated June 23, 1870, which \ transferred the two territories in question to Canada. That Order recognized the existence of aboriginal land claims in Rupert's Land and the North-Western Territory, and placed a constitutional obligation on the Canadian government to settle those claims. The purpose of this monograph is to examine the nature and extent of that obligation, and the potential effect on it of the Constitution Act, 1982.

Repository Citation

McNeil, Kent, "Native Claims in Rupert's Land and the North-Western Territory: Canada's Constitutional Obligations" (1982). Commissioned Reports, Studies and Public Policy Documents. Paper 247.
https://digitalcommons.osgoode.yorku.ca/reports/247