Canadian Aboriginal law

Aboriginal peoples in Canada

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Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada.^[1] Aboriginal law provides certain rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada and includes First Nations, Inuit and Métis people. It enforces and interprets certain treaties between the government and Aboriginal people, and manages much of their interaction.'^[2] A major area of Aboriginal law involves the duty to consult and accommodate.

Sources of law

Aboriginal law is based on a variety of sources. The Royal Proclamation of 1763 is the foundation document creating special land rights for aboriginal peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians".^[3] Under this power, that legislative body has enacted the Indian Act, First Nations Land Management Act, Indian Oil and Gas Act, and the Department of Indian Affairs and Northern Development Act.^[4] Part II of the Constitution Act, 1982, recognizes Aboriginal treaty and land rights, with section 35 being particularly important. Section 35's recognition of Aboriginal rights refers to an ancient source of Aboriginal rights in custom.^[5]

References

↑ Hogg, Peter W., Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 631.
↑ Campagnolo, Iona (13 January 2005). "Speech by Lieutenant Governor Iona Campagnolo, Kyuquot First Nation Community Reception". Written at Kyuquot. In Office of the Lieutenant Governor of British Columbia. Victoria: Queen's Printer for British Columbia. Retrieved 29 September 2009. Missing or empty |title= (help)
↑ Smith, David E. (1999). The Republican Option in Canada. Toronto, Buffalo, London: University of Toronto Press. p. 16. ISBN 0-8020-4469-7.
↑ Elkins, David J. Watson, William, ed. Policy Options: Bye-Bye for Good? (May 1999) (Montreal: Institute for Research on Public Policy). p. 23 http://www.irpp.org/po/. Retrieved 10 February 2009. Missing or empty |title= (help); |contribution= ignored (help)
↑ "Constitution Act, 1982 Canadian Charter of Rights and Freedoms". Department of Justice. Government of Canada. 1982. Retrieved 2009-09-18.

External links

Canadian Aboriginal Law, Indian Law - Canadian Law Information
A Brief Introduction to Aboriginal Law in Canada (Bill Henderson Barrister & Solicitor)

Canadian Aboriginal law

Politics, law and legislation	Aboriginal Affairs and Northern Development Canada The Canadian Crown and Aboriginal peoples Canadian Indian residential school system High Arctic relocation Fred Quilt inquiry Ipperwash Crisis

Aboriginal law	Royal Proclamation of 1763 Constitution Act, 1867 Section Thirty-five of the Constitution Act, 1982 Douglas Treaties 1969 White Paper Kelowna Accord Numbered Treaties Indian Act Royal Commission on Aboriginal Peoples First Nations treaties in British Columbia Indian Health Transfer Policy

Case law	Attorney General of Canada v. Lavell R. v. Badger Calder v. British Columbia (Attorney General) Chippewas of Sarnia Band v. Canada (Attorney General) Corbiere v. Canada (Minister of Indian and Northern Affairs) Daniels v. Canada Delgamuukw v. British Columbia Native Women's Association of Canada v. Canada Kruger and al. v. The Queen R. v. Marshall; R. v. Bernard R. v. Marshall Mitchell v. M.N.R. Paul v. British Columbia Paulette Caveat Powley ruling R. v. Drybones R. v. Gladstone R. v. Gonzales R. v. Guerin R. v. Jim R. v. Pamajewon R. v. Sparrow Re Eskimos St. Catherines Milling v. The Queen R. v. Van der Peet Tsilhqot'in Nation v. British Columbia

International rights & laws	Definitions and identity of indigenous peoples Declaration of Indigenous Peoples Rights United Nations Permanent Forum on Indigenous Issues Indigenous intellectual property

See also Index of Aboriginal Canadian-related articles

Canadian law

Sources	Constitution Federal statutes Provincial statutes

Core areas	Constitutional Administrative Criminal Contract Tort Property

Other areas	Aboriginal Civil and human rights Family Immigration and refugees Labour and employment Maritime Copyright Trade-marks Patent

Courts	Supreme Court Federal Court Appeal Courts of Appeal Superior Provincial

Education	Law school Law School Admission Test Call to the bar

Indigenous and minority rights

Rights	Ancestral domain Free, prior and informed consent Indigenous intellectual property Indigenous land rights Indigenous language Self-determination Traditional knowledge Treaty rights

Governmental organizations	Aboriginal Affairs and Northern Development Canada African Commission on Human and Peoples' Rights Arctic Council Bureau of Indian Affairs Council of Indigenous Peoples Fundação Nacional do Índio National Commission for the Development of Indigenous Peoples National Commission on Indigenous Peoples (Philippines) United Nations Permanent Forum on Indigenous Issues

Non-governmental and political organizations	Amazon Watch Assembly of First Nations Confederation of Indigenous Nationalities of Ecuador Congress of Aboriginal Peoples Coordinator of Indigenous Organizations of the Amazon River Basin Cultural Survival Friends of Peoples Close to Nature Indigenous Peoples Council on Biocolonialism International Work Group for Indigenous Affairs National Indigenous Organization of Colombia Native American Rights Fund Survival International Unrepresented Nations and Peoples Organization Zapatista Army of National Liberation (more ...)

Issues	Civilizing mission Colonialism Settler colonialism Cultural appropriation Discovery doctrine Homeland Lands inhabited by indigenous peoples Bantustan American Indian reservation Indian reserve Ranchería Manifest destiny Plastic shaman Rainbow Warriors

Legal representation	Indigenous and Tribal Peoples Convention, 1989 Declaration on the Rights of Indigenous Peoples, 2007

Historical cases	2009 Peruvian political crisis Chiapas conflict Depopulation of Diego Garcia High Arctic relocation Indian removal Mapuche conflict Oka Crisis Residential Schools (America, Aotearoa, Canada, South Africa) Rubber boom San controversy Stolen Generations

Human Rights Indigenous rights • Minority rights

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Canadian Aboriginal law

Sources of law

See also

References

Further reading

External links