Episode 11 : Indigenous Rights and the Sparrow Case with Professors Naiomi Metallic and Karen Drake

For over a century, Indigenous rights in Canada were treated as revocable privileges "dependent on the goodwill of the Sovereign." In 1990, R. v. Sparrow (the Supreme Court's first interpretation of section 35 of the Constitution Act, 1982) began to change that. Professors Naiomi Metallic and Karen Drake trace the road from Confederation to Sparrow, unpack the extinguishment and justification tests, and explain why Sparrow may be the "high watermark" of Aboriginal rights law.