Reconciliation and balance: Resolving conflicts between Charter rights and Aboriginal and treaty rights within the Canadian constitutional framework.
Published: 2006
Language: eng
Number of pages: 144
ISBN-13: 9780494212097
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Indians of North America -- Legal status, laws, etc. -- Canada.; Indigenous peoples -- Legal status, laws, etc. -- Canada.; Indigenous peoples -- Canada -- Government relations.; Constitutional law -- Canada.
Description: Although s. 25 of the Constitution Act 1982, contemplates conflicts between Charter rights and Aboriginal and treaty rights, it is unclear how such conflicts should be resolved. In this thesis, I have extrapolated legal principles from other constitutional contexts, in which there has been greater case law development, to develop an appropriate framework to address such conflicts.Principles relevant to resolving such conflicts are the protection of minorities, substantive equality and the reconciliation of pre-existing Aboriginal societies with Crown sovereignty. These principles are extrapolated from the context of conflicting Charter rights, conflicting group right and Charter right, and from the purpose of s. 35 Aboriginal and treaty rights. Other relevant constitutional principles are that rights are not absolute and there is no hierarchy of rights. A two-step framework is developed incorporating these principles to resolve conflicting Charter and s. 35 rights.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1277.

Thesis (LL.M.)--University of Toronto, 2006.

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