What is the second component of the test for establishing Aboriginal rights?

The second component of the test for establishing Aboriginal rights relates to evidence of modern practices. This involves demonstrating that the Indigenous group has continued to engage in specific practices, traditions, or activities that are integral to their culture. Establishing modern practices is essential because it shows that the community has maintained a connection to their historical rights and traditions over time.

This aspect reflects the ongoing nature of Aboriginal rights, emphasizing that these rights are not merely historical relics but are alive and evolving in contemporary society. By providing evidence of current practices, Indigenous groups can illustrate the persistence and relevance of their rights today, which is a crucial requirement in legal claims for recognition of such rights.

Other factors, like historical treaties or government recognition, are important but represent earlier or separate considerations in establishing rights. The presence of written laws pertains more to the formal legal framework than to the cultural continuity that modern practices showcase. Therefore, focusing on evidence of modern practices is the correct component of the test for proving Aboriginal rights.