That's a highly legal issue and I wouldn't want to venture too strong a position on it.
It's a question that many lawyers are asking themselves right now on the basis of indigenous rights. Section 35(1) of the Constitution Act, 1982 clearly recognizes the collective rights of indigenous peoples. This is actually one of the exceptions in the charter. There are several cases in Canada, specifically mining developments, where rights have been attached to families or individuals. There is no clarity on this issue.
The current general understanding in Canada is that, under section 35(1), these are recognized collective rights. Of course, it is an evolving right.