Aboriginal rights are based in history
Before Europeans arrived in North America, various areas were home to First Nations along the coast and inland. Aboriginal rights stem from this prior occupancy; they are the rights held as a result of longstanding use and occupancy of the land.
Under the law, the unique legal and constitutional status of First Nations derives from the fact that they are the descendants of the people that were resident in North America long before Europeans arrived.
As early as the 18th century, Britain recognized that First Nations had claims to the land and major treaties were signed across Canada as settlement moved west. Until recently, the only treaties ever signed in British Columbia (B.C.) were the Douglas Treaties on Vancouver Island and Treaty 8, which was extended across the prairies and into northeastern B.C. By the time B.C. joined Confederation in 1871, the province's Aboriginal policy was set: the B.C. Government did not recognize Aboriginal title; therefore, they argued, there was no need to negotiate treaties in order to extinguish it.
In the 21st century, the first modern treaty in B.C. came into effect - the Nisga'a Treaty. The last step needed to give legal effect to the Nisga'a Treaty took place on April 13, 2000, when Parliament passed the Nisga'a Final Agreement Act. The Nisga'a Treaty sets out and describes in detail how the rights of Nisga'a citizens will be exercised. Any Aboriginal rights of the Nisga'a are modified to become rights set out in the Treaty.
http://www.ainc-inac.gc.ca/pr/info/abr_e.html
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