Anmerkungen:
In: Ottawa Law Review, Vol. 39, p. 405, 2007
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments June 2, 2007 erstellt
Beschreibung:
The meaning and suitable implementation of rights guaranteed under Crown aboriginal treaties remains a controversial issue in Canada and one that has recently given rise to a number of public confrontations. This paper examines the extent to which legislatures and the Crown have taken steps to give effect to the constitutional entrenchment of treaty rights in Ontario, a province settled pursuant to historical treaty-making. The writer's analysis suggests that the frequency of treaty disputes in Canada may reflect a systematic governmental failure to identify, define and recognize treaty rights in domestic law and policy. The paper concludes that the creation of free-standing mechanisms to assist in defining outstanding treaty rights and in resolving treaty disputes is a necessary part of the Crown's constitutional obligation to ascertain and give effect to existing treaty rights in Canada.A few minor textual differences exist between this draft and the article published in the Ottawa Law Review, to which citations of this article should be made