The Protection of Indigenous Rights in Australia and Canada: A Comparative Legal Study

This research will look at three developments in the protection of indigenous rights in Canada and look at the way in which these developments may be adopted here. Specifically, this project will look at the following developments in Canada: (1) the fiduciary obligation owed by the Crown to indigenous peoples, especially in relation to dealings with land; (2) a constitutional protection of 'Aboriginal and treaty rights'; and, the development of a government policy to recognize the 'inherent right of self-government'. This work will give a detailed account of the development of the above trends, an assessment of their effectiveness, and their implications and the possibilities of their adoption in Australia.