Compare constitutional protections of aboriginal rights in Canada to Essay

Compare constitutional protections of aboriginal rights in Canada to comparable rights protections in another country with an indigenous population - Essay Example dispensation in Canada indicate that the Canadian government has demonstrated interest in creating clauses that would not only promote the rights of the aboriginals, but also group them under a special category which would enable the community to enjoy government protection. In a bid to illustrate the involvement of various governments in protecting the rights of aboriginals, the paper would compare the constitutional protection of the aboriginal rights in Canada and Australia. Both Australian constitution and Canadian constitution recognizes the aboriginal community and the Torres Straight Islanders. This step is critical in strengthening the rights of the aboriginal community in the two countries. However, the constitution of respective countries seems to project or define the extent of protection that it can provide to the aboriginal community. For instance, in both cases, the constitution of the two countries stipulates that it will promote the culture and tradition of the aboriginal community in the present time and in the future. According to the provision of this clause, the constitution defines the protection of the cultural activities of the aboriginal community (Uribe, 2004:1-18). The cultural right includes indigenous practices and traditions that are synonymous with the indigenous community. The enactment of the section 35(1), Constitutional Act 1982 of the Canadian constitution does not only recognize, but also affirms the existence of the aboriginal treaty rights. The Supreme Court decision in the sparrow case indicated that the section 35(1) has set new dimension of protecting the rights of the aboriginals. Available literature indicates that it supersedes the colonial landmarks, which barred the Canadian aboriginal from some fundamental rights (Uribe, 2004:1-18). On the contrary, the Australian constitution fails to demonstrate the protection of the Indigenous rights. The Kruger’s case is one of the historical instances where the protection of