Under Canadian law the original inhabitants of what is now Canada have Aboriginal Rights.

The laws of the colonizers who came to what is now Canada recognized the rights of the original inhabitants. These rights continue to be recognized and are called Aboriginal Rights. These rights belong to the Indigenous Peoples who live in what is now Canada. Colonization did not end the rights Indigenous Peoples have because of their historic use and occupation of this land. Original inhabitants, as used here, includes Métis communities that developed after contact before colonial powers controlled the area.

The original inhabitants were admitted to be the rightful occupants of the soil, with a legal as well as a just claim to retain possession of it, and to use it according to their own discretion.

— United States Supreme Court, 1823

Because the laws of the colonizers recognized the right of the original inhabitants to their land, only the government could deal with their land and individual settlers could not purchase land from the original inhabitants.

The idea that what is now Canada was uninhabited and could be ‘discovered’ has been rejected. This was one of the Calls to Action of The Truth and Reconciliation Commission. A law passed by the federal government states that this idea must be rejected because it is racist, scientifically false, legally invalid, morally condemnable, and socially unjust.

What are Aboriginal Rights?

Aboriginal Rights include the rights of Indigenous Peoples to:

their Traditional Territories and resources
continue their cultural and socials practices, customs and traditions

Language Rights

Part of the right to continue cultural and social practices is language rights. This is the right to use, revitalize and pass on Indigenous languages. This includes things like the right to use a person’s Indigenous language when receiving government services, and in court, as well as the right to Indigenous language education.

Despite earlier attempts by government to eliminate Indigenous languages, the government now recognizes language rights as Aboriginal Rights protected by the Constitution. This is in keeping with the Truth and Reconciliation Commission Call to Action 13:

We call upon the federal government to acknowledge that Aboriginal rights include Aboriginal language rights.

The government has passed a law about Indigenous languages. It recognizes Indigenous Peoples' language rights. It requires consultation between the government and Indigenous governments to provide funding for reclaiming, strengthening and keeping Indigenous languages. It has been criticized as not including any specific rights such as the right to services or education in a person’s Indigenous language.

Aboriginal Activities

Under Canadian law Indigenous Peoples have the right to continue their practices, customs and traditions.

Aboriginal Title

Aboriginal Title is a right based on the historic possession of the land by a community of Indigenous Peoples.

Ending or Restricting Aboriginal Rights

Before Aboriginal Rights were protected in the Constitution, they could be ended by law or by an agreement.