1. Unresolved Aboriginal rights and title - Aboriginal rights and title, protected under the Constitution Act, 1982, remain Canada’s unresolved “land question.” Evolving case law has shaped how governments must address infringement, consultation, and accommodation, with the Supreme Court always urging negotiation as the preferred path to resolution.
2. Deeply flawed colonization and assimilation policies - Canada’s colonization and assimilation Indian policies (e.g., Indian Act, Indian Reserve, Indian Reserve Pass Systems, 162 years of Indian residential schools) caused a cultural genocide by eroding Indigenous land, languages, identities. Rooted in Euro-assumptions of cultural inferiority, these policies created intergenerational trauma and continue to fuel the social, economic, and political marginalization of Indigenous peoples.