For this assignment, you will be asked to make an ethical judgement regarding a particular piece of legislation which directly involves the First Nations of Canada.

Your assignment will be directed towards answering this question:

For what reasons does Canada's Constitution have a special section dedicated to the rights of Aboriginal peoples?

Step 1

Read the text below, from the Indigenous Foundations Dept at UBC, which gives an introduction to Aboriginal Rights in Canada.

Aboriginal rights are collective rights which flow from Aboriginal peoples' continued use and occupation of certain areas. They are inherent rights which Aboriginal peoples have practiced and enjoyed since before European contact. Because each First Nation has historically functioned as a distinct society, there is no one official overarching Indigenous definition of what these rights are. Although these specific rights may vary between Aboriginal groups, in general they include rights to the land, rights to subsistence resources and activities, the right to self-determination and self-government, and the right to practice one's own culture and customs including language and religion. Aboriginal rights have not been granted from external sources but are a result of Aboriginal peoples' own occupation of their home territories as well as their ongoing social structures and political and legal systems. As such, Aboriginal rights are separate from rights afforded to non-Aboriginal Canadian citizens under Canadian common law.

Next, read the link provided, which explains the creation of Section 35 of the Canadian Constitution Act.

https://indigenousfoundations.arts.ubc.ca/constitution_act_1982_section_35/

Step 2

Answer the questions below, which ask you to consider which actions led to this section being created and included in the Canadian Constitution.

1. Historical action which resulted in creating Section 35 of the Constitution Act:
2. When was Section 35 of the Constitution Act created?
3. Who were the main participants?
4. What other relevant events were occurring around the same time?
5. What perspectives/points of view existed at the time in relation to creating this legislation? Provide Evidence.
6. What differences exist between the ethical universe of mainstream Canadian society (values and ideas of right and wrong) and that of First Nations in relation to the issues involved in creating this legislation? Provide Evidence.
7. What are the implications for today? a) simply better understanding about human behaviour and human rights; b) bearing witnessthe debt of memory; c) reparations and restitution; or d) other.

Step 3

Write a multi - paragraph response in which you answer the question posed at the beginning of this assignment with support from the information which you put into your worksheet. Question: For what reasons does Canada's Constitution have a special section dedicated to the rights of Aboriginal peoples?