Aboriginal rights and litigation: history and future of court decisions in Canada

Abstract

Recent decisions of the Supreme Court of Canada, the Constitution Act 1982, and the establishment of the Office of Native Claims, would seem to have assured the rapid settlement of outstanding issues regarding aboriginal rights and native title to lands. More recently, the seeming abandonment by government of political and negotiated resolution of these issues has left litigation as the remaining recourse for native groups to protect their interests. The courts, however, have become increasingly demanding in terms of what must be proven in order to make a successful case at law. It is predicted that the costs and technical difficulties of providing such proofs will limit the number of rights cases before the courts, and the chances of success for those that are mounted.