An inherent right is a right that exists independently of state or constitutional recognition. For indigenous peoples, this is very important. As you know, before the Europeans came here and created New France, New England and eventually Canada, there were peoples who had lived on these lands for thousands of years. We're talking about time immemorial. This ancestral occupation was well organized. There were organized societies, what we can call normative orders.
When I teach indigenous law, I always describe a circle to represent indigenous normative orders, and this circle is not completely included within the larger framework of what might be called the Canadian Constitution, where the normative order is of a Canadian type. The Supreme Court recognizes that before the assertion of Crown sovereignty, there were pre-existing sovereignties, therefore indigenous sovereignties. Among these are rights that are recognized—not completely yet, but increasingly—by the Canadian state, notably by the Constitution Act, 1982, but also by other laws or provisions, as well as by court judgments. These rights are therefore said to be inherent.
It has long been thought that it was the royal proclamation that conferred rights on indigenous people. This is not the case. Indigenous people have special rights within Canada because they existed prior to the assertion of Crown sovereignty. These are called inherent rights.