Ompare constitutional protections of aboriginal rights in Canada to comparable rights protections in another country with an indigenous population

Write a 2000-2500 word (not including no
tes or bibliography) paper on your
chosen topic.
You are expected to do extensive
research outside of the course readings for
your paper.
You are expected to rely on scholarly
sources. This includes the printed
materials available in Wishart Librar
y and through the interlibrary loan
service. It also includes electronic ve
rsions of printed academic books (for
example, the electronic editions availa
ble the Scholars Portal database, or
through on-line libraries, such as that
maintained by The Liberty Fund) and
journals (for example, the journals that are available to you through library
databases such as JSTOR and Hein Online)
. You may also rely on electronic
versions of Canadian and foreign case
law and statutes. Depending on your
topic, reference to materials provid
ed on the websites of government
departments (for example, news releas
es or policy statements) might be
The use of online resources such as
Wikipedia and other internet-based
encyclopaedias and dictionaries is not
appropriate for this assignment. You
are strongly advised to consult with me
if you have any questions about the
appropriateness of any resource.
Your research base must include at least two primary sources
. A primary
source is a document that provides di
rect evidence about the topic you have
chosen. Examples include court judgements, legislation, legislative debates,
international treaties, and so on. Sour
ces that are assigned reading for this
course do not count for the purpos
e of satisfying this requirement
References to primary sources must
follow the format outlined in The
Canadian Guide to Uniform Legal Citation
. No other formatting will be
Your research base must include at least ten secondary sources
. A
secondary source is anything that is not a primary source. Secondary
sources are things that discuss, explain,
or evaluate issues that are raised by
primary sources. For instance, the actual text of a legal decision by a judge
is a primary source; an article explaining
why that decision is important is a
secondary source. Examples of second
ary sources include books and articles
in scholarly journals. Sources that ar
e assigned reading for this course do
not count for the purpose of
satisfying this requirement
References to secondary sources must
follow either the format outlined in
The Canadian Guide to Uniform Legal Citation
, or Chicago Style (for which
see either The Chicago Manual of Style
, or A Manual for Writers of Research
Papers, Theses, and Dissertations
, by Kate L. Turabian). No other formatting
will be accepted.
Your paper must be written as a formal academic essay, with an
introduction, a clear thesis that id
entifies an argument, a convincing
argument that supports that thesis
with appropriate evidence drawn from
scholarly sources, and a conclusion.
All papers will be evaluated on the
basis of how successfully you addr
ess your topic, which includes
consideration of how your paper is
structured, argued, evidenced, and
You are advised to make appropriate
use of the Learning Centre and the
Writing Lab. Some excellent resource
s about writing, including organizing
essays, citing sources, and basic grammar, can be found at:
endnotes must also appear in
your bibliography. Your bibliography
may also include any source that you
consulted during the course of your re
search, but which you did not refer to
specifically in a footnote/endnote.
Technical stuff:
Papers must be double-spaced, in
12-point Times New Roman or an
equivalent font, with 1a?/2.5cm margins.
Please number your pages (a title page
is not numbered, and does not count
towards the minimum required length of a paper).
Primary Source:
R v Sparrow (1990), 104 SCC (1) SCR 1075 (available on CanLII), (BC CA) [aboriginal rights].
Secondary Sources:
a?Chapter Seven: Aboriginal Rights,a? Penn State Law, (January 24, 2013, Chapter_Seven.pd
Blackburn, Carole. Producing Legitimacy: Reconciliation and the Negotiation of Aboriginal Rights in Canada.The Journal of the Royal Anthropological Institute, (September, 2007) 621-638.
Kelly, James B. Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms: The Supreme Court of Canada and the Centralization Thesis, 1982 to 1999.Canadian Journal of Political Science, (Jun., 2001) 321-355.
Massey, Calvin R. The Locus of Sovereignty: Judicial Review, Legislative Supremacy, and Federalism in the Constitutional Traditions of Canada and the United States.Duke Law Journal, (December, 1990) 1229-1310.
Morgan, Edward M. Self-Government and the Constitution: A Comparative Look at Native Canadians and American Indians.University of Oklahoma College of Law, (1984) 39-56.
Wilkins, David. Whos in Charge of U.S. Indian Policy? Congress and the Supreme Court at Loggerheads over American Indian Religious Freedom.University of Minnesota Press, (1992) 40-64.