Much has been said about the Constitution Act, 1982 since it was passed as law in Canada as it relates to "aboriginal" peoples. Despite the many protests by First Nations to the addition of the term "existing" to Section 35 of the Constitution Act, 1982 that explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada was adopted.

Often the tests for determining rights and title are unknown until a case comes before the court and then the tests are defined. The onus of proof is placed on the First Nation to prove their rights and title. Do you agree or disagree with this process? Provide 3 points for your answer AND be sure to provide your rationale for each point.