Il treaty federalism canadese: la tutela costituzionale dei diritti ancestrali derivanti dai trattati

Canadian jurisprudence on treaty issues has evolved over the centuries, from an unwillingness to recognize any legal obligation on the Crown to fulfill treaty terms to a large, liberal and generous approach to treaty interpretation. It also speaks of the inverse limitation, the limitation that the aboriginal signatories had understood would be built into the treaties, alongside their promise not, for example, to hunt on land taken up or required. From the aboriginal perspective, the treaty rights have a completely different nature than the right of any other inhabitant to do the same activities. The power of the Crown to regulate the treaty right, for example, to hunt and fish, grounded in treaty clauses, facilitates broad regulations severely restricting aboriginal and treaty rights. Fundamental to this understanding of the nature of Crown-aboriginal treaties is the element of aboriginal consent.