Who are the ‘Aboriginal peoples’ of Canada? – First Peoples Law

Earlier this month my colleague Kate Gunn and I had the honour of representing the Indigenous Bar Association on their intervention in the Desautel appeal at the Supreme Court of Canada.

As we explained in earlier posts Decolonizing the International Border and Righting the Wrongs of Colonization, Desautel raises the question of whether Indigenous people whose ancestral lands are located in Canada but who are not Canadian citizens can exercise Aboriginal rights protected under s. 35 of the Constitution Act, 1982.

Below are the speaking notes that formed the basis for my oral submissions at the Supreme Court. Because of the significance of the issues in the case, there were numerous intervenors from across Canada, and as such our submissions were limited to 5 minutes. I’ve also included, in italics, contextual comments that further explain the issues. Our written submissions can be found here. The full hearing can be viewed here. My submissions are excerpted in the following video: