Aboriginal Peoples and the Canadian Charter of Rights and Freedoms: Contradictions and Challenges

This article discusses the legitimacy of using human rights discourse in an Aboriginal context. The author begins by examining differences between Aboriginal and Western cultures in reference to the notion of individual human rights within a collective society. The article also reviews some Canadian Charter of Rights and Freedoms jurisprudence regarding Aboriginal rights and demonstrates how these cases focus on the notion of individual rights. The issue of gender-based discrimination is also examined within the author's discussion of the appropriateness of the international human rights framework. In conclusion, the author recommends recognizing Aboriginal societies as distinct so as to more appropriately apply the human rights framework to their situation. [Descriptors: Indigenous Women, Canada]