Judicial Expansions of Aboriginal Rights
Section 35 was created in the [Canadian] Constitution Act, 1982 and Aboriginal rights were included in the Charter of Rights and Freedoms in attempt to address the gap between the government [and Aboriginal peoples]. A clear list of rights was never formed, as the federal government could not reach consensus, ultimately stipulating that these rights were to be defined in the courts on a case-by-case basis. Aboriginal rights were acknowledged in 1982; however they were not elaborated upon leaving Section (35) open to challenge and legal interpretation resulting in confusion. Section 35 is a vaguely crafted legislation lacking the legal language to effectively protect the territorial, hunting and cultural rights of [Aboriginal peoples in Canada]. The relationships between [these] communities and the remainder of Canada is an elaborate, complex argument and in need of closer examination. This relationship has had a profound impact on the rights of [...] Aboriginal communities for the last 40 years.