Which of the following best describes Aboriginal and Treaty Rights?

Aboriginal and Treaty Rights are best described as rights protected under national constitutional law, specifically within the context of Canada's Constitution. These rights are enshrined in Section 35 of the Constitution Act, 1982, which recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples of Canada. This constitutional recognition provides a legal framework that not only protects these rights but also holds them up as integral to the identity and sovereignty of Indigenous nations.

This constitutional protection means that these rights are not contingent upon provincial legislation or negotiations at the local level, which helps safeguard Indigenous rights against potential encroachments by other laws or government actions. The recognition emphasizes the importance of Aboriginal rights and treaties as fundamental elements of the law in Canada, thus providing a stronger foundation than merely being viewed as rights that must be negotiated or are limited to certain groups. This broader protection underscores the commitment to uphold the rights of all Indigenous peoples in Canada, regardless of specific affiliations or groups.