What does the case law concerning Aboriginal rights suggest about pre-existing laws?

The case law concerning Aboriginal rights indicates that pre-existing laws and rights are recognized within the framework of common law unless they have been extinguished by legislative action. This is based on the principle that Indigenous rights were not created by Canadian law; rather, they existed before European contact and the establishment of Crown sovereignty.

When the Crown asserts sovereignty, it does not inherently invalidate these rights; instead, they continue to exist and are to be respected under Canadian law. Courts have affirmed that Aboriginal rights and title can coexist with Crown laws, meaning that they may be incorporated into the legal system unless there is a clear and explicit extinguishment of those rights by legislative means. Therefore, this understanding allows Indigenous peoples to have a voice in the legal discourse regarding their rights and the use of their lands, holding a significant place in the ongoing development of Canadian law.