First Nations Self-Determination and Advocacy: Rights, Institutions, and Strategy
What this domain tests
Self-determination questions ask you to trace how First Nations have asserted political authority and how Canadian law has responded. Know the inherent right of self-government as a policy position recognized in the 1995 federal approach, and the distinction between self-government (authority over internal matters such as education, health, and child welfare) and self-determination (the broader international-law concept).
Understand the landmark cases: Calder (1973), which established that Aboriginal title could exist; Sparrow (1990), which set out the test for infringing s. 35 rights; Delgamuukw (1997), on the content and proof of Aboriginal title; Tsilhqot'in (2014), the first declaration of Aboriginal title over a specific area; and Daniels (2016), on Métis and non-status Indians. Know that Aboriginal title is a communal, inalienable right to land, distinct from fee simple.
Know the institutions of advocacy: the Assembly of First Nations, the Native Women's Association of Canada, the Métis National Council, and Inuit Tapiriit Kanatami, plus the role of modern treaty and self-government agreements as implementation vehicles.
Traps
- Saying Tsilhqot'in "created" Aboriginal title; it recognized and declared existing title.
- Confusing the Sparrow infringement test with the Delgamuukw test for proving title.
- Treating self-government as a grant from Parliament rather than an inherent right.
Rule of thumb
For case questions, name the case, the principle, and the outcome in one sentence each. For example: Sparrow - s. 35 rights are not absolute; infringement must be justified by a valid legislative objective and consistent with the Crown's fiduciary duty.