Section 35 of the Constitution Act expressly acknowledges, for the first time, that there are "aboriginal people" and "aboriginal rights." What, then, are the implications for Canada of the inclusion of this section in our constitution? Central to this question is the definition of aboriginal rights and whether they include such "special" political rights as self-determination. Home and Native Land is divided into two major sections. The first focuses on definitions and provides a detailed account of the meaning of the phrase "aboriginal rights" as used by the two main actors: the government and the aboriginal peoples. The second is devoted to the question of political rights and the means by which this issue can be resolved.
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Michael Asch is a professor in the Department of Anthropology at University of Alberta.
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