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Aboriginal cultures. Although each Aboriginal group has its own version of this concept, the Four Directions are usually depicted as four points on a circle, like a compass. Each direction represents an aspect of the natural world, such as east, west, north, south, or earth, wind, water, and fire. These natural aspects are paired or attached to psychological, social, or spiritual human aspects. Possible Provisions for an Aboriginal Charter What would provisions of an Aboriginal charter look like? Many categories of rights can be protected within the Aboriginal community. Some will be unique to Aboriginal societies. These areas may include the customary or the traditional, such as right to a sentencing circle in criminal matters. Special property rights are important, since the property system of Aboriginal peoples under the Indian Act differs greatly from the non-Aboriginal context. More typical rights may include language, such as the right to government services in traditional languages. Several general approaches may differ. For example, along with the usual negatively stated rights, positive duties can be enshrined. Such provisions are already found in other human rights documents. Section 2 of the Quebec Charter has two parts, a right of assistance and a duty to individuals : Every human being whose life is in peril has a right to assistance. Every person must come to the aid of anyone whose life is in danger, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason.55 This pairing of rights and duties reflects the human rights code paradigm suggested by Native Women’s Association of Canada above. Chapter 2 of the African Charter contains many duties of citizens. For example, Article 29 states, The individual shall also have the duty: 1. To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need.56 The rights of Elders would be of special interest to Aboriginal cultures. Article 18 of the African Charter provides rights for the elderly and disabled .57 The African Charter also contains many provisions for the protection of African tradition and culture. These special protections would be fundamental to an Aboriginal-specific charter in Canada. 394 Cultural Dissidence Most Aboriginal cultures are duty-based societies. Duty to the community is deeply intertwined with individual freedom. A similar balance between the community and the individual is weighed by Canadian courts everyday. Basic human rights principles can be gleaned from Aboriginal societies, but are often very group-specific, even amongst the various Aboriginal nations. The samples above are only glimpses of what an Aboriginal charter might contain. The justice of a culturally specific charter is difficult to dismiss. The needs of each cultural group must be met because the history of their unjust exclusion from the Canadian system of justice, which calls for culture -specific recognition when addressing human rights issues. The African Charter contains very specific rights necessary for that particular social context and state history.58 The province of Quebec, a culture similar in many respects to the rest of Canada, has slight variations in its social order that form the basis for Quebec’s need of a specific charter of rights and freedoms . This difference is critical, even when English and French Canadians share similar European-based values. Aboriginal cultures in Canada have no roots in European cultures. If societies as similar as English and French Canada have specific charters, the need for an Aboriginal charter becomes clear. The Government of Canada’s “Statement of Reconciliation: Learning from the Past” gives a promise: In renewing our partnership, we must ensure that the mistakes which marked our past relationship are not repeated. The Government of Canada recognizes that policies that sought to assimilate Aboriginal people, women and men, were not the way to build a strong country. We must instead continue to find ways in which Aboriginal people can participate fully in the economic , political, cultural and social life of Canada in a manner which preserves and enhances the collective identities of Aboriginal communities, and allows them to evolve and flourish in the future. Working together to achieve our shared goals will benefit all Canadians, Aboriginal and non-Aboriginal alike.59 This statement indicates the Canadian government’s hope of true independence...

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