RELG 370 Chapter Notes - Chapter reading: Ethnic Religion, Legal Tests
4 Apr 2019
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Reading: the un declaration on the rights of indigenou. Indigenous claims to protection of sacred natural sites often present more challenging issues than claims for protection for non-natural religious sites such as buildings. The loss of land title in colonial legal systems has added a significant further complication to protection of indigenous sacred natural sites. Loss of land ownership means that many sacred natural sites are no longer legal property of the. Indigenous peoples who have a spiritual association with them. Sacred sites claims in canada have been within the context of arguments under section 35 of the constitution act which recognizes and affirms aboriginal and treaty rights. Section 35 has significant constraints within its legal tests and attempts to shoehorn religious claims into its framework have not fared well. Many traditional instruments on religious freedom had not fully recognized its community aspects.
