Aboriginals were the first inhabiting civilization of this land, and have a right to be self-determining, but certain aspects have affected their legal rights. The Supreme Court has implemented these collective rights and for many years now, Aboriginals have faced injustice by the court systems and have not received full acknowledgment by non Aboriginals for the childhood that was lost during residential schools. Laws can affect people in many ways, but in the example of Aboriginal peoples, it reflects their traditional culture and way of life.
It is unfortunate to know that Aboriginal cultures are identified and defined by the justice system without their presence. This unfairness has led to problems by displacing Aboriginal’s cultural identities and disrupting their set of practices along with traditions. For quite some time, Aboriginal peoples have felt that the court sees their own rights as being ‘right’ and try to rational their own way of provisions. As for Aboriginals, the court should “explain the rationale and foundation of the recognition and affirmation of the special rights of aboriginal peoples”
Recognition within our society needs to be practiced because non-Aboriginals should be aware that Aboriginal laws were present even before the Crown forced sovereignty over their territory. The court focuses only on what Aboriginal rights should be according to the treaty rights made many years ago, but they are not sensitive to Aboriginals sense of culture. Without constitutional recognition, the problems being faced by Aboriginals of unfairness and inequality cannot be resolved. Even recognition does not promise change because of boundaries reflecting on Aboriginal culture for many years now.
So what are Aboriginal rights defined as? They are defined as “Activities that are elements of practices, customs or traditions integral to distinctive cultures of Aboriginal nations” This definition explains the way Aboriginals lived their daily lives...