The Organic Constitution: Aboriginal Peoples and the Evolution of Canada

Abstract

Despite recent advances in Aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution’s deep roots in Canadian history and traditions and that acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.

Keywords: Canadian Constitution, Aboriginal rights, Imperial model, Organic model