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Constitutional Law

Brian Slattery

Legal History

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The Royal Proclamation Of 1763 And The Aboriginal Constitution, Brian Slattery Dec 2014

The Royal Proclamation Of 1763 And The Aboriginal Constitution, Brian Slattery

Brian Slattery

In Manitoba Metis Federation, the Supreme Court of Canada makes a valuable contribution to our understanding of Aboriginal law. Building on the foundations laid down in the Haida Nation case, the Court identifies three major pillars of the subject: the Royal Proclamation of 1763, the Honour of the Crown, and Aboriginal Treaties. These three, taken together, make up the framework of the Aboriginal Constitution, which parallels the Federal Pact between the Provinces and provides the Constitution of Canada with its most ancient roots.