Native land rights have consistently been echoed from different perspectives. Under section 35(1) of the state Constitution Act of 1982, there is recognition of the prevailing aboriginal as well as treaty rights regarding Aboriginal people living in Canada. Besides, this provision has been the central focus on the virtue of native people's land rights. In essence, there are also certain aspects that must be considered as the primary criteria for the existence of a right or even whether there is a justification for the government to restrain such rights. In this case, our scenario upholds the different scenarios in which the rights cannot be restrained. Referring to the case of 1984 arrest of Edward Sparrow, one of the members of the Musqueam band, the personnel was charged with violating the fisheries regulation after using a longer net than the prescribed length in his license (Libby, 2003). For instance, in the case of Sparrow, the aboriginal rights provides for an individual to fish under the safeguard of section 35(1) of the Act encompassed in the Constitution.
The aboriginal land Act of 1983, section 4 defines some of the aspects and particulars of land policies. In the Act, except in circumstances spelt out by the constitution regarding the Aboriginal landowners, any Aboriginal persons whose names are entered in the register of the Aboriginal Land Owners forms the cultural association of individual that owns land in the territory. The name of the Aboriginal person and other respective information is included in the register of landowners of the Aboriginals. This fact cannot be restrained beside the legal prescription. The aboriginal land owner under the constitutional definition refers to any member of Aboriginal races living in Australia identified as an Aboriginal person and has been accepted by members of the Aboriginal community (Libby, 2003). If these aspects are defined within the constitutional perspective as in this case, their rights are well adjudicated. Under these defined circumstances, the law safeguards the land claims of the Aboriginals.
Besides, the aboriginals also have unquestioned rights to their land titles. The Aboriginal claims also encompass the land itself, not the little rights of extracting resources from but the land as a resource in entirety. As far as the rule of law is concerned, the government has the responsibility of consulting with the First Nations on matters regarding the Crown land as well as some instances that may compensate them against infringements on the peoples land rights.
The aboriginal people also have the rights to earning a moderate livelihood' from the commercial hunting and fishing, among the other main economic activities. For instance, the Native lobster fishermen bear the rights to fetch lobsters on and out of seasons, an aspect that has led to class between natives and non-natives that feared jeopardy of the lobster stock (Libby, 2003).
Under the Constitutional Act of 1982, the rights of the aboriginal people as far as land use are provided for. Chapter 25 of the Constitution does not influence the indigenous rights and freedoms of the aboriginal people. Under the charter, the guaranteed rights and liberties are not restrained to abrogate or derogate from any of the aboriginal treaty, rights or even other freedoms and entitlements that encompass sure people of Canada. In particular, the rights safeguarded in this scenario include any rights or freedoms which are recognized by Royal Proclamation of the October 7th, 1763, as well as the rights or freedoms of the land claims agreements or such, could be acquired (Libby, 2003). Any claim of the contrary including the malicious claim of balance between natives and the non-natives are unfounded and unprotected by the law of the land. This assertion puts the Aboriginal land rights in an explicit safeguard.
Finally, the Aboriginal land rights are safeguarded under the Constitutional Act of 1982. Under the Act, the Aboriginal community of Canada, it defines the native to encompass Inuit, Indian as well as the Metis people of Canada. These people are safeguarded against exploitation of their rights to land ownership and resource utilization. Likewise, for a higher level of certainty in subsection (1) constitutes the treaty rights' The treaty rights encompasses rights that exist by land claims agreement or ones that may be acquired (Libby, 2003). This position the Aboriginal peoples land claims in a central perspective that flocks the desires of the people at the central point. In any case, their land use rights among other claims are safeguarded by the Constitution.
Libby, R. T. (2003). Hawke's Law: the politics of mining and Aboriginal land rights in Australia.Penn State Press.
Appendix: Map of Australia/Context of the Case Stakeholders
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