In the R. v. Desautel decision, the Supreme Court of Canada determined that an Indigenous person resident in the United States can have Aboriginal rights under section 35 of the Constitution Act. It provides an opportunity to reflect on the geographical dimensions of constitutionally protected Aboriginal rights. Contrary to popular perception, and to some decided cases, the Van der Peet framework does not come with geographical limits. This can be seen in a survey of the case law. Rather, the absence of such limits, and the absence of conflicts between First Nations about the practice of Aboriginal rights in the territories of others, can be seen as evidence of the continual functioning of Indigenous legal orders.
"Where Can an Aboriginal Rights Holder Exercise Their Rights? Reflections FromR. v. Desautel."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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