the existence of an Aboriginal right In order to be integral a practice, custom or tradition must be of central significance to the Aboriginal society in question The practices, customs and traditions which constitute Aboriginal rights are those which have continuity with the practices, customs and traditions that existed prior to contact Courts must approach the rules of evidence in light of the evidentiary difficulties inherent in adjudicating Aboriginal claims Claims to Aboriginal rights must be adjudicated on a specific rather than general basis For a practice, custom or tradition to constitute an Aboriginal right it must be of independent significance to the Aboriginal culture in which it exists The integral to a distinctive culture test requires that a practice, custom or tradition be distinctive; it does not require that that practice, custom or tradition be distinct The influence of European culture will only be relevant to the inquiry if it is demonstrated that the practice, custom or tradition is only integral because of that influence. Courts must take into account both the relationship of Aboriginal peoples to the land and the distinctive societies and cultures of Aboriginal peoples Criticism Canadian Aboriginal Law scholar John Borrows writes: "With this test, as promised, Chief Justice Antonio Lamer has now told us what Aboriginal means. Aboriginal is retrospective. It is about what was, 'once upon a time,' central to the survival of a community, not necessarily about what is central, significant, and distinctive to the survival of these communities today. His test has the potential to reinforce troubling stereotypes about Indians." See also The Canadian Crown and Aboriginal peoples Numbered Treaties Indian Act Section Thirty-five of the Constitution Act, 1982 Indian Health Transfer Policy (Canada) References External links Canadian Aboriginal case law Canadian constitutional case law Supreme Court of Canada cases 1996 in Canadian case law 1996 in the environment