Unfortunately while it is clearly a race- based separation of laws in this country, that is not how the supreme court of Canada sees it. The judgements over the past 30 years have been tied to the Constitution that Selfie-boy's arrogant old man rammed down our throats. Signed by all 10 provinces both territories and FN's , it is what they have as their guideline to base all decisions since then. It distinctly identifies Indians right to hunt and fish on their "traditional territories". the really sad part about the Constitution (other than the entire document) is the vagueness in which it was written. This was done on purpose to force the courts to determine how this would be played out across the country. With most of the justices having been appointed by the several Liberal governments of the previous 20 years before the Constitution, we had very liberal justices who translated the Constitution in a manner that very much favoured the Indians. So much so and with so many precedence that, for the most part, judges following had no choice but to uphold the judgements or the previous justices. The constitution started out with separating us based on race, and the courts have had no choice but uphold the Constitution as they have deciphered it.
It sucks, its raced based and it holds a very small minority in a position of first class citizens in the eyes of the law. But unless you are in some way able to persuade The Feds, 10 provinces, 3 territories and all the FN's to agree to amend it, this is the sad and sorry ways of the land that we are stuck with. For myself, I see no value in Confederation anymore and wish we in the West would start to consider seceding from it. Then re-write our own constitution that holds all people of all races creeds and colours equal in the eyes of the law with no favouritism based on race.