E/CN.4/2004/18/Add.2 page 12 British Columbia and the fact that such rights were protected by Canadian constitutional law. That judgement also provided a legal basis in support of other aboriginal land claims under Canadian law. The persons interviewed by the Special Rapporteur find it paradoxical that, despite the constitutional and judicial progress achieved, they continue to be subjected to cumbersome and complicated legal procedures, which place a heavy burden on their financial resources, while far superior means are available to the Canadian Government. One significant case brought to the attention of the Special Rapporteur was that of the Algonquins of Barriere Lake, near Ottawa, who were displaced from their land and relocated on a 59-acre (24-hectare) reserve in 1962, in order to make way for the construction of a hydroelectric dam. Nowadays their representatives consider that left without resources they are one of the poorest communities in Canada, living in sub-standard housing with a high rate of unemployment. 30. As shown by the report of the Royal Commission on Aboriginal Peoples, published in 1996, the persistent marginalization of aboriginal peoples is the result of the breakdown of a viable partnership between native peoples and the Europeans who settled in Canada, and later with the Canadian State. The content and scope of that partnership were determined in several treaties, which are still valid. The representatives of the aboriginal peoples maintain that the current management of aboriginal affairs by a federal ministry prevents their development. What they want is relations on an equal footing, free of any paternalism, between aboriginal peoples and non-aboriginals, based on signed treaties. 31. The treaty question remains a key issue in the claims of aboriginal peoples interviewed by the Special Rapporteur and in their view is crucial for their rights to equality and development. What they want is to restore the relations of independence and mutual respect which used to prevail between aboriginals and non-aboriginals, whereas the Indian Act tends to place them in the position of wards of the Canadian State (according to the Royal Commission on Aboriginal Peoples). The aboriginal representatives told the Special Rapporteur that they were very concerned at suspected schemes to do away with all the rights they had acquired under the treaties, especially through the gradual extinguishment of their land rights.6 32. The Canadian Government has explained however, that outside the historic treaties, recent arrangements between the Canadian State and aboriginal peoples have led to the allocation of other lands to the latter and to the recognition of the right of several Nations to independence. The Government considers that through its modern approach to treaties and agreements, it has been able to settle the land claims of aboriginal peoples over about 40 per cent of Canada’s entire territory. Under these modern treaties, the aboriginal groups have acquired ownership of 600,000 km2 of land. One significant example of the settlement of land claims mentioned by the Government is the creation of the territory of Nunavut and the establishment of a government controlled by an Inuit majority. 33. A further concern with regard to the situation of aboriginal peoples is the matter of their rights to education, housing and health. According to the 2001 survey of aboriginal peoples, 45 per cent aged over 15 living outside the reserves suffer from chronic health problems. The most frequently recurring chronic disorders are arthritis, rheumatism, asthma and high blood pressure. Among young persons aged between 20 and 24 living outside the reserves, 48 per cent have not completed secondary education, while 17 per cent of the aboriginal population live in overcrowded housing. Owing to the poor housing conditions in the reserves, combined with the lack of resources and jobs, many aboriginals become homeless city dwellers