The Protection of Aboriginal Rights within a Human Rights Regime: In Search of an Analytical Framework for Section 25 of The Charter of Rights and Freedoms

The intersection between the Canadian Charter of Rights and Freedoms and Aboriginal rights are discussed in this review of section 25 of the Charter. The author seeks to establish a framework for analysis of potential conflicts between Charter rights and Aboriginal rights. To begin, there is a detailed review of jurisprudence of section 25 of the Charter, its historical roots, and the various means of constitutional interpretation. The article includes a specific discussion of the interactions of section 28 and the provision of equality between men and women and the potential conflict with Aboriginal rights provisions. The article also discusses how international norms address the potential conflicts between group rights and individual rights. [Descriptors: Indigenous Women, Canada]