Any description of Indian title which goes beyond these two features is both unnecessary and potentially misleading." This is significant, because it is showing how Indians have a certain amount of protected rights based upon these two decisions. As a result, the government has to negotiate with them in good faith. (Dupuis 114 -- 128)
At the same time, the Canadian Constitution was amended in 1982 to specifically protect the rights of aborigines. Under these new provisions, their rights to land would be dealt with based upon two different practices these include: ancestral and treaty precedent. This meant that when the government was dealing with these various groups, they had to respect their rights to ownership of the land. As a result, this makes any kind of future negotiations more difficult. As the government, must include tribal officials during the process of utilizing aboriginal lands for commercial or industrial purposes. (Dupuis 114 -- 128)
These different elements are important, because they are showing how Indians were discriminated against throughout the 19th and 20th century. As, they were: separated from everyone else in society, provided with less resources and considered to be second class citizens. This caused the underlying views between these groups and the general public to be based on negative stereotypes. Over the course of time, this would lead vast disparities within society as aboriginals had no rights to their land other than to live there. However, when the government decided to remove them is when this changed. The two Supreme Court decisions from the 1970's and the 1980's are confirming the basic rights that these groups have under the law. This means that there are legal protections for these individuals under the Canadian Constitution and the case precedent affirming them. (Dupuis 114 -- 128)
Critique
When you critique the literature, it is clear that Dupuis is offering a number of specific insights about: how the basic rights of Indians have traditionally not been respected. This is because of the negative perceptions associated with being isolated from the rest of society. As a result, this group of people were often ignored and considered to be second class citizens. To deal with these issues, the courts and the government have affirmed aboriginal rights and included them inside the Canadian Constitution. This has provided some basic protections for Indians and tribal leaders who are dealing with government officials.
However, there are still tremendous amounts of corruption and the misallocation of resources. This is problematic, as one could argue that this is depriving these people of their basic constitutional rights. Although that this may not always apply to land disputes, it is illustrating how there is still a concerted approach by some government officials to ignore these various provisions.
In this aspect, Dupuis is showing the overall scope of the problems that still exist under the status quo. As, there are still select amounts of discrimination based upon the historical views of these individuals in comparison with the rest of society. However, despite some the challenges there are basic protections inside the Constitution and based upon previous case precedent. This means that when the government is dealing with these groups they will...
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