A new covenant chain : an alternative model to extinguishment for land claims agreements / by Michael Jackson. : Z1-1991/1-41-47E-PDF

“The concept of extinguishment - the legal doctrine reflected in a cluster of discredited social and intellectual theories that have discriminated against Aboriginal peoples - has played a central role in their dispossession in Canada and other parts of the world. It has eclipsed any alternative vision of a foundation upon which a new relationship between Aboriginal peoples and non-Aboriginal governments can be built. Alternative visions of recognition and respect are possible, however, once we recognize that Aboriginal rights are central to how Aboriginal peoples see their place in the world; while grounded in histories from past millennia, they have contemporary meaning and constitute the inheritance of future generations. The shift from extinguishment to recognition and respect for Aboriginal rights is not simply one of moral imperative. Section 35 of the Constitution Act, 1982, recognizes and affirms Aboriginal rights, the very antithesis of their extinguishment. Evolving human rights standards point unequivocally toward recognition and condemn policies of extinguishment as well”--Executive summary, p. [3].

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