What must a practice show to be deemed an Aboriginal right?

To be deemed an Aboriginal right, a practice must be shown to have developed before European contact. This principle stems from the recognition that Aboriginal rights are inherently tied to the historical and cultural practices of Indigenous peoples in Canada. The Supreme Court of Canada has emphasized that such rights are based on the long-standing practices, traditions, and customs of Indigenous communities that existed prior to the arrival of Europeans.

This historical context is crucial in determining the existence and scope of an Aboriginal right, as it reflects the unique relationship between Indigenous peoples and their land, resources, and culture. A practice that developed after contact may not qualify as an Aboriginal right because it would not demonstrate the continuity and historical significance required for recognition under Canadian law.

The other options do not align with the established legal framework regarding Aboriginal rights. For instance, while international law may influence the recognition of Aboriginal rights, it is not a necessity for establishing such rights within Canadian law. Similarly, the requirement for a tradition to be written or compliance with provincial law does not accurately reflect the criteria for Aboriginal rights. Instead, the focus is on the demonstrable connection to pre-contact practices.