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ARTICLE · 04 MAY 2021

SCC Rules That American Indigenous Communities Can Exercise Aboriginal Rights In Canada

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On April 23, 2021, the Supreme Court of Canada confirmed that residents of the United States of America can hold Aboriginal rights in this country.

CanadaGovernment, Public Sector

On April 23, 2021, the Supreme Court of Canada confirmed that residents of the United States of America can hold Aboriginal rights in this country. The Court concluded that the Aboriginal rights protected by section 35 of the Constitution Act, 1982 — which applies to the "aboriginal peoples of Canada" — can be held by "modern-day successors of Aboriginal societies that occupied Canadian territory at the time of European contact." The decision confirms the three lower court decisions on this topic (see our previous Blakes Bulletin: American Citizen Secures Aboriginal Rights in Canada and Blakes Bulletin: Beyond Borders: B.C. Court Rules U.S. Resident Has Aboriginal Right to Hunt in Canada).

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