Canada is one of the many countries in the world that has a multicultural and diverse population mainly because it is the result of extensive colonialism of European countries in the 17th century. One of the drawbacks of this activity was the death and oppression of the Indigenous peoples living in the place. The legal status of Indigenous peoples in Canada is based on two fundamental principles: it is treaty rights and aboriginal rights. Both were introduced in Canada’s Constitution of 1982, specifying that the Indigenous peoples, who are a subject to these rights, are Indians, Inuit and Métis. Moreover, neither in the Constitution nor in the acts of the lower level, these rights are not defined precisely, which makes it possible all sorts of speculation in the legal system of the Anglo-American common law and case law, particularly when it comes to the rights of the Aboriginal Canadians. In general sens the native right is the right of Aboriginal Canadians to own their land, use its benefits, because their ancestors used to possess this land. In addition, there are numerous linguistic, cultural and religious rights.
One part of the Indigenous’s rights is the right to self-government, that is the right of Aboriginal Canadians to control themselves. Some government officials involved in Indian affairs, trying to argue that the right to self-government does not coincide with the native law, with the aim to take away the right to self-government of its constitutional nature and take it to an agreement between the government and indigenous people, which can be concluded, and you can leave or not concluded. It is obvious other legal matter, at first sight theoretical, but in fact with a far-reaching consequences - on whether the native right is natural inherent or is it granted to Indigenous Peoples by someone. (Indigenousfoundations.arts.ubc.ca). In the first case the right exists no matter to which state it owns or by which state it is colonized, the only question is whether this right is recognized by the state or how it is determined. In the second case, the legal power is natural only in the hands of the state and the right to self-government means only a certain part of the delegation of the state sovereignty of the Indigenous peoples. (Bloorstreet.com).
Litigation of Canada gradually came to the assumption that in the case of self-government we are talking about natural law. The Canadian government, interfere in the Internal natives living arrangements. Constitution Act 1867 and the Indian Act in 1876 mark the Indians and their reservations under the jurisprudence of the Government of Canada. The Indian Act was regulated in details who is and who can be an Indian, for example, in the case of origin in a mixed marriage, as well as what should be the procedure for electing the community living on the reservation of their leader. However, even in the most difficult times of the Indigenous peoples never lost the remnants of the natural right to govern themselves. Although in the late XIX century, leaders and Indigenous peoples’ councils were subject to federal officials and their power was limited to very narrow bounds, yet remains their right to self organize in their communities such vital areas as health care, improvement, monitoring the social order, and others. (Aadnc-aandc.gc.ca). Aboriginal Canadians became the subject of extensive bullying, poverty, as well as the few rights to obtain livelihood par with their Euro-Canadian countrymen. The result of extensive capitalism arguably places Canada in the league of those countries with modern forms of colonization since there is an unequal distribution of benefits among Native Aboriginal Canadians versus Canadians with European ancestry; hence, the former still remained unable to cope with poverty and is more likely to end up living the rest of their lives in poor communities whilst the latter majority of the people either chose to live with benefits or obtain a job.
Works Cited
Indigenousfoundations.arts.ubc.ca,. "Aboriginal Rights". N.p., 2016. Web. 24 Feb. 2016.
Aadnc-aandc.gc.ca,. "Treaties With Aboriginal People In Canada". N.p., 2010. Web. 24 Feb. 2016.
Bloorstreet.com,. "Virtual Law Office: Bill Henderson". N.p., 2016. Web. 24 Feb. 2016.
