Ending or Restricting Aboriginal Rights

It is important to know if an Aboriginal was ended before they were protected in the Constitution because the Constitution only protects right that existed when it was passed in 1982.

The law must have clearly intended to end these rights. Courts have rarely found that an Aboriginal Right was ended by a law. This is partly because the government must act honourably and fairly when dealing with Aboriginal Rights. But courts have upheld laws that restrict the use of these rights.

Aboriginal Rights can also be ended by an agreement such as a Treaty. Although First Nations did not see them that way, the written text of the numbered Treaties talks about the signatories giving up their rights to their Traditional Territories. 

Whether a First Nation that signed a numbered Treaty gave up all Aboriginal Title over their Traditional Territories has not been directly ruled on by the courts. The terms of the Treaty would need to be examined using the principles of Treaty interpretation. These include the rule that Treaties must be interpreted as they would have been understood by the First Nation negotiating the Treaty.  Some Aboriginal Rights such as hunting and fishing rights were included in the Treaties.