Political Science 2230E Lecture Notes - Lecture 5: Treaty 3, Self-Determination, Body Politic
23 Nov 2017
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Major questions: what is the difference between the contingent rights approach and the inherent rights approach to. Two theories that have different ideas about the source of indigenous rights. Contingent: conceives aboriginal rights as something the canadian government/state chooses to give and therefore they are the source of rights. Rights are given to aboriginal peoples by a superior sovereign, Canadian state (through legislation, amendment, or constitutional action). State can choose whether or not to provide aboriginal peoples with rights. Aboriginal people have no existing rights to begin with and is contingent on the canadian state. Inherent: aboriginal rights are conceived of as something that aboriginal people possess because they have the status of self-determining peoples. aboriginal rights attach to aboriginal peoples because they are sovereign nations. A group of people that constitutes a nation, the status of nation-hood comes with intrinsic/inherent rights, and the most important right is to self-govern.
