Sparrow's Promise: Aboriginal Rights in the B.C. Court of
Appeal
ANDREA BOWKER
ABSTRACT
In its groundbreaking decision of R. v. Sparrow, the Supreme
Court of Canada explored for the first time the scope and strength of
s. 35(1) of the Charter as "a promise to the Aboriginal peoples
of Canada." In the course of examining s. 35(1)'s theoretical and political
context, the Court set out a framework by which to consider both the
nature and content of Aboriginal rights, and their constitutional limitations.
In June of 1993, the British Columbia Court of Appeal rendered judgment
on a series of cases, including Delgamuukw v. British Columbia,
in which the strength of Sparrow's promise to invigorate and
secure constitutional Aboriginal rights was tested. The author argues
that by allowing controversy over commercial fishing rights, as well
as stereotyped conceptions of Aboriginal culture, to govern its decision-making
process, the majority of the Court failed to uphold that promise.
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Citation: (1995) 53(1) U.T. Fac. L. Rev. 1.
Copyright © 1995. University of Toronto Faculty of Law Review.
All rights reserved.