The supreme court of Canada's recognition and affirmation of Indigenous rights in Canada: a jurisprudential analysis

In 1982, the Government of Canada enacted the Constitution Act of 1982. As part of their amendments to the existing Act, the federal government added a section that recognizes and affirms existing Indigenous rights in Canada: s. 35. Despite the growing importance of the provision, there is little scholarly research available to reference regarding the Supreme Court of Canada’s role in implementing the section and bringing its intentions to fruition. Yet, the substantive, precedent-setting interpretations, empirical tests, and analyses provided by the Court in their landmark decisions directly influence society’s perception and understanding of Indigenous rights in Canada. As an effort to minimize that academic gap, this thesis examines the Supreme Court of Canada’s contribution to the recognition and affirmation of Indigenous rights in Canada. Throughout my analytical process, three noteworthy conclusions presented themselves. First, the rise in the magnitude of the Indigenous rights cases brought forth to the Supreme Court of Canada is remarkable; what was once about fishing nets, is now about land title. Secondly, the Supreme Court of Canada’s progressive approach to Indigenous rights proceedings is notable and clearly illustrates their dedication to a reconciled, just society. Lastly, this project identifies a need for more accessible literature on the evolution of Indigenous rights in Canada.