Identity, Culture and the Right to Communicate: Aboriginal Peoples in the Canadian Constitution

The author examines the right to communicate as a fundamental right of all human beings that is implicitly protected by provisions of the Canadian Constitution that recognize and affirm the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. The author argues that, as the primary objectives of the constitutional protection of Aboriginal and treaty rights are to preserve, protect, enhance and promote Aboriginal culture and identity and the survival of Aboriginal community, the individual's right to form that community is key. Such a right must be understood as implicitly protected, even though not explicitly enumerated