Reviving Canadian Aboriginal and Treaty Rights
Prior to 1982, the Supreme Court of Canada handled Aboriginal and treaty rights to harvest wildlife differently. Unless government legislation guaranteed such rights, the Court treated them with minor significance. For example, in 1964, the Supreme Court of Canada denied Michael Sikyea his Treaty 11 hunting rights. However, through the addition of Section 35(1) of the Constitution Act of 1982, a new attitude toward Aboriginal and treaty rights to harvest wildlife made its way to the Supreme Court, as seen when Aboriginal fishing rights were restored in R. v. Sparrow [1990]. This led to improved collective management of fisheries between the Canadian government and Aboriginal [peoples]. Hence, as a result of the Constitution Act of 1982, the Supreme Court of Canada’s drastic change in protecting the aboriginal and treaty rights to hunt, fish and trap effectively established increased cooperation between Aboriginals and the federal government.