INDIGENOUS RIGHTS IN CANADA: FROM DIVERSITY TO UNITY
INDIGENOUS RIGHTS IN CANADA: FROM DIVERSITY TO UNITY

Summary/Abstract: The article is devoted to the issue of the legal status of Canada’s indigenous peoples. The historical process of formation and development of legal regulation of relations between indigenous peoples, the state and the British Crown on the territory of Canada is analyzed. On the basis of a comparative analysis, two main branches of Canadian law dedicated to the researched issues are defined: Indigenous law and Aboriginal law. The study also provides a detailed description and analysis of the three main groups of Canada’s indigenous population: First Nations or Indians, Inuit or Eskimos, and Métis. On the basis of the current Canadian legislation and judicial practice, the peculiarities and specifics of the legal status, special rights and procedure of representation of all three above-mentioned population groups have been clarified. The main reasons and features of the creation of a number of autonomous Inuit territorial formations, in particular, the province of Nunavut, which was separated from the Northwest Territories, are determined. The article also acquaints the reader with the features of special rights and features of the representation of First Nations, primarily through the conclusion of Numbered Treaties, the creation of Indian reserves and the maintenance of the Indian Register. An explanation is provided as to why the Métis are recognized as indigenous people in the framework of Canadian legislation despite their mixed American-European origin and why such recognition is based primarily on belonging to the relevant ethno-cultural community and not simply on the fact that a person is of mixed origin. Also, the study mentions individual communities, representative bodies and organizations, describes the order of their interaction with state authorities and local self-government, along with the order of recognition by one or another community of the indigenous population of its special rights arising from such legal status. In addition, the article identifies the main trends in the process of state recognition of the rights of indigenous peoples, the expansion of understanding of the rights of indigenous peoples, and the extension of these rights to an increasingly wide circle of both individuals and population groups. Indigenous Rights in Canada: From Diversity to Unity. The current stage of the development of international law is characterized by a significant shift and rethinking of the understanding of collective rights, in particular the rights of minorities. More and more attention is paid to their protection and protection during the preparation of acts of international and national legislation. At present, it is worth acknowledging the fact that the latest trends in this field are increasingly taking on a completely opposite characteristic than before. If in the past legislators paid more attention to ensuring the equality of certain groups within society and preventing their discrimination, now, with the formal establishment of equality, the insufficiency of such an establishment to actually ensure it becomes obvious. As a result of discrimination during different periods of time, some groups found themselves in a disadvantageous position, which in turn creates significant obstacles for the opportunity to realize their rights and interests for their representatives, despite their formal equality. Taking into account the previous narrowing of the rights of certain elements of society in view of their certain characteristics, i.e. negative discrimination, we are currently increasingly facing with cases of expanding rights or granting special rights to the bearers of such characteristics, i.e. positive discrimination. Positive discrimination, by its very nature, is a transformational process designed to ensure a gradual transition from formal to real equality within the state and society. The groups that currently become the subjects of positive discrimination can include various types of communities: representatives of ethnic groups, religions, social strata, etc.

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