Brian Daly provided an overview of the history of treaty rights for First Nations from first contact to the current situation.  Brian works in the Indigenous Rights area of the law with McKenzie & Lake.  He has worked this area of the law for 25+ years including residential school settlements, hunting, and fishing rights and land acquisition.
Treaty rights from first contact have taken different forms.  The early French relations were based on peace and friendship, while the British approach was one of land surrender. Our current system is based on the British model. 
Most of the treaties establish resident areas on reserves which set aside land for bands live on.  Traditional rights for areas of traditional use are not covered by these land surrender treaties, but the courts have ruled on various rights for traditional use, and they can conflict with the Lan Surrender treaties.
The Indian Act also presents additional areas for conflict since the Act requires an elected band administration and this may conflict with traditional leadership roles.
Our constitution adds an additional complication since while once section of the constitution provides affirmation and recognition of First Nations right another section can override these rights through the justification principle.
Brian gave examples of where these conflicts have arisen in places such as Caledonia.   
The results of this complicated mix of rights and legislation along with historic racism have resulted in high levels of incarceration, poverty, and other social problems.
 
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