Aboriginal laws in Canada refer to the constitutional recognized rights to land and traditional practices. Aboriginal in the constitution of Canada involves first nation, Inuit and Métis people. Aboriginal rights refer to the activities, practices and traditions of the aboriginal people in Canada that are integral distinctive culture of the aboriginal people. Aboriginal rights and treaty rights that exist after proclamation of the constitution Act in 1982, now receive significant legal protection under section 35. The existing aboriginal land rights can no longer be extinguished without the consent of those aboriginal people holding interest in those lands. Aboriginal consent may be required to give effect to legislation purporting to extinguish aboriginal land rights, even if compensation is paid. To conclude government regulation of aboriginal land rights may still be possible, if appropriate and meaningful consultation is undertaken with the affected aboriginal communities.( Slattery,2015)
The constitution act section 35 states that; the existing aboriginal and treaty rights of the aboriginal people in Canada are hereby recognized and affirmed. In this Act aboriginal people of Canada includes the Indian, Inuit, and Métis people of Canada. For clarification treaty rights involves rights that now exist by way of land claims agreements. The aboriginal and treaty rights are assured equally to both the male and female persons. The supreme court of Canada interpreted the rights of aboriginal rights as follows. Section 35 states that aboriginal rights ‘exist’ the SCC has interpreted this by saying that any aboriginal right that has been extinguished by treaty or other legal methods prior to 1982 does not exist anymore and therefore not protected under the constitution. The implication of the term existing was clarified in the case of R.V.Sparrow. The interpretetation of section 32(1) in favor of the right to self-government and does not include aboriginal governments is fortified in section 25; 25. The assurance in this charter some rights and freedoms will not be formed to either abrogate or derogate from any aboriginal treaty, or rights and freedom that concern to the aboriginal people of Canada involve (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any rights or freedoms that now exist byway of land claims agreement or may be so acquired. It is write to say that self government should protect the right to aboriginal rights. The self government protects the aboriginal right by destruction as the end result of complete inconsistency with some charter right or freedom.
The male and female in aboriginal share equitable rights, such rights include the fact that the women are allowed to take part in agreement in buying property. Bothe the male and female are allowed to own land or property. The females are also recognized as qualified persons meaning that they can be able to hold political office the same way as the males.( Charlton,2017)
The best way to reduce the difference between the aboriginal and the non aboriginal people is by impose financial assistance and employment equity programs. This is the best way compared to the use of legal rights. The main problem affecting the aboriginal is poverty. Politics played a role in the aboriginal by producing and reproducing positions and advantages to the people of Canada. Aboriginal politics is in flux in Canada the results of policy are likely to reflect the evolution of multinational conflicts in a government that has not come to terms with what Charles Taylor terms as deep diversity.
Practically there are practices that take place almost daily in the society today, conflicts about difference and recognition are some of the practices that taka place to shape the people lives and the society. These practices affected the aboriginal in Canada because they were discriminated from the labor market, from land ownership and social relations. In Canada the aboriginal politics of poverty is also connected to politics of recognition. To decrease poverty in aboriginal people, the people should not be discriminated they should be involved the current activities in the society such as in the labor, business activities, employment in different organizations. This will bring development in aboriginal community and in Canada at large.