By David Hawkes
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Extra info for Aboriginal Peoples and Government Responsibility. Exploring Federal and Provincial Roles
R. v. R. 282. , p. 297. In R. v. C. (3d) 33, the Manitoba Court of Appeal applied Drybones to render inoperative a provision of the Indian Act making it an offence for a person to be intoxicated on a reserve, since it is aimed at Indians, who are the predominant residents of reserves. The Supreme Court of Canada refused leave to appeal. -G. Canada v. R. 1349. Canard, supra, note 39. , pp. 191-192. , p. 184. Hogg, op. , note 38, p. 789. The Queen v. R. 693. Canard, supra, note 39, p. 189. , p. 206.
Thus, under that part of the Constitution which allocates legislative powers, aboriginal people have come to be conceptually part of the provincial population as well as being conceptually aboriginal and thus within a special federal category. This analysis will have a profound impact upon the ultimate allocation of governmental responsibilities. 34 Federalism in the Era of Aboriginal Self-Government EQUALITY RIGHTS AND COLLECTIVE RIGHTS The present position of aboriginal peoples being "citizens" as well as "Indians" has come in large measure through the extension of egalitarian measures, such as the conferring of the vote in federal elections in 1960 and in the same year the enactment of the Canadian Bill of Rights.
As peoples, they are free to do so. The Constitution Act, 1982 Section 25 of the Charter reads: 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized and affirmed by the Royal Proclamation of October 7, 1763; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.