Does a treaty have the same constitutional status as Aboriginal rights?
British Columbia, Canada
The following excerpt is from West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2011 BCCA 247 (CanLII):
Under s. 35 of the Constitution Act, 1982, treaty rights have the same constitutional status as Aboriginal rights: Halfway River First Nation v. British Columbia (Minister of Forests), 1999 BCCA 470, 64 B.C.L.R. (3d) 206, at para. 127.
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