What is the appropriate analysis for Métis aboriginal rights under s 35 of the Constitution Act 1982?
74. Aboriginal rights are guaranteed by s 35 of the Constitution Act 1982. It is clear from the text of s 35 that the Métis peoples of Canada had, as of the date of the enactment of the section, ‘existing’ rights, and that those rights have now acquired constitutional protection. There is little jurisprudence dealing directly with the nature of the rights of the Métis peoples guaranteed by s 352. Métis claimants have succeeded in establishing claims at the trial level in a number of cases in Manitoba, Saskatchewan and Alberta … However, this is the first case on the subject to be decided by an appellate court.[2] 75. I begin with a cautionary note. At such an early stage of development in this area, a provincial appellate court must approach its task with due regard to the importance and complexity of aboriginal rights. It is impossible to define the rights of an entire people within the confines of one case. As the record in this case so amply demonstrates, claims of aboriginal righ
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