For an infringement of Aboriginal rights to be established, what must the complainant demonstrate first?

To establish an infringement of Aboriginal rights, the complainant must demonstrate that the law interferes with an existing Aboriginal right. This requires a clear showing that the right in question is recognized and that the law or action in question significantly impacts the exercise of that right.

The concept of Aboriginal rights is grounded in the historical and legal recognition of the rights that Indigenous peoples hold to their traditional lands, resources, and practices. For instance, if there's a legal framework that impacts the ability of Indigenous groups to hunt, fish, or gather in their traditional territories, establishing that such an impact exists is critical. This forms the basis for questioning whether the infringement is permissible under the law, particularly under the frameworks established by cases such as R. v. Sparrow and others that balance rights against governmental interests.

Demonstrating interference entails showing both the existence of the right and the extent to which the law in question disrupts the exercise of that right. Understanding this foundational aspect helps clarify the nuances behind claims of Aboriginal rights infringements and the legal responsibilities that arise when such rights are presented.