Section 35 # (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada. (3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired. […] ...
Mi’kmaw legal traditions and Netukulimk The relationship between the Mi’kmaq and the forest ecosystem is more intimate than suggested in court. It is foundational to their worldview, integral to their legal traditions, and constitutional rights. This evidence was not before the courts, but it would have been useful to the courts if properly presented as part of Mi’kmaq constitutional law, as well as the foundation of aboriginal and treaty rights as constitutional law of Canada. ...
Patterson (Acting) Co. Ct. J. — # The defendant, who is the grand chief of the Mick Macks of Nova Scotia was convicted under the Lands and Forests Act, 1926 (N.S.), c. 4, of having in his possession at Askilton in the County of Inverness on November 4, last fifteen green pelts, fourteen muskrat and one fox. He made no attempt to deny having the pelts, indeed frankly admits having them, but claims that as an Indian he is not bound by the provisions of the Act, but has by Treaty the right to hunt and trap at all times. ...