[ZTWsquared]

NOS2Go4Me,Jun 16 2006, 01:29 PM Wrote:http://www.ctv.ca/servlet/ArticleNews/stor...?hub=TopStories

Now, I ask EVERYONE - Caucasian, Aboriginal, whatever... are we all Canadians ...  ?[right][snapback]193483[/snapback][/right]

Although you used some examples that I personally wouldn't have chosen ... the essential question you're asking is valid and very timely - and I've been asking the same question myself.

The sad fact is ... we are not all equal Canadians and that inequality, in favour of aboriginal people, is baked right into our beloved Canadian Charter of Rights and Freedoms.

Right there in section 25 ...

Charter, Sec.25 Wrote:25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
(a ) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
(b ) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.

And if that isn't enough ... when describing rights that "now exist" you have to also consider Section 35 of the Constitution Act

Section Thirty-five of the Constitution Act, Wrote:Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinctive culture of the aboriginal peoples. The treaty rights protect and enforce agreements in between the crown and the aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. These rights extend to people who make up the Indian, Inuit, and MÃtis peoples.

And there's more ... but you get the idea.

So the answer to your question, sadly, is that no - all Canadians are not equal and it would appear that the aboriginal people of this country have the upper hand - constitutionally anyway.

What's more ... because the Charter actually protects these rights from being changed - there's SFA any of us can do about it.