Please answer the following questions for this week’s assignment. Be sure to answer all parts of the question and spell-check for your grammar, appropriate use of terminology, etc. I am looking for your comprehension of s. 35 (1) and the three doctrines as well as your understanding of the concept and apply it to the scenario as described below rather than relying on memorization.
Many First Nations believe they have a ‘right’ to share in the natural resources through ‘resource revenue-sharing agreements’ with the federal and provincial governments.
Question #1: Question #2:
Due Date: Time: Format:
Use the “Sparrow Test” to see if this ‘right’ meets the test to qualify for protection under section 35 (1)? Provide three (3) points and support your answer.
According to the reading, which of the three doctrines i) Doctrine of Continuity, ii) Doctrine of Legislative Extinguishment, and iii) Doctrine of Evolutionary Adaption under the Living Heritage Approach would this ‘right’ qualify? Provide two (2) arguments and your rationale to support your answer.
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