R. V. Van Der Peet - Criticism

Criticism

Canadian Aboriginal Law scholar John Borrows writes:

"With this test, as promised, Chief Justice Antonio Lamer has now told us what Aboriginal means. Aboriginal is retrospective. It is about what was, 'once upon a time,' central to the survival of a community, not necessarily about what is central, significant, and distinctive to the survival of these communities today. His test has the potential to reinforce troubling stereotypes about Indians."

Some would claim, "Indigenous Nations possess the inherent extra-constitutional right to self-determination".

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