Van der Peet Test

The Van der Peet test or the Integral to a Distinctive Culture Test is a legal test used in Canada to determine whether an activity is considered an "Aboriginal right" under section 35 of the Canadian Constitution. The test was established in the landmark Supreme Court of Canada case R. v. Van der Peet (1996). The test has three parts, which must all be satisfied for the activity to be considered an Aboriginal right:

  1. The practice, custom, or tradition must be an element of a practice, custom, or tradition integral to the distinctive culture of the Aboriginal group claiming the right.
  2. The practice, custom, or tradition must have existed prior to contact with Europeans.
  3. The practice, custom, or tradition must have been central to Aboriginal society's way of life.

If all three parts of the test are met, then the activity is considered an Aboriginal right and is protected under section 35 of the Canadian Constitution. This test has been mainly criticized for its narrow focus on pre-contact practices, its unfair burden placed on Indigenous peoples, and the power it gives the government to extinguish Aboriginal rights.

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