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Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. [ 2 ] [ 3 ] Aboriginal peoples as a collective noun [ 4 ] is a specific term of art used in legal documents, including the Constitution Act, 1982 , and includes ...
Canadian Aboriginal law is the area of law related to the Canadian government's relationship with the Indigenous peoples. Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act , different Numbered Treaties and ...
Canadian aboriginal law is the area of law related to the Canadian Government's relationship with its Indigenous peoples (First Nations, Métis and Inuit). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act ...
The section in the Charter that most directly relates to Aboriginal people is section 25. [10] It merely states that Charter rights do not diminish Aboriginal rights; it is therefore not as important as section 35. [11] The Charter forms Part I of the Constitution Act, 1982 while section 35 is placed in Part II. This placement in the ...
On the one hand, it has been argued that Aboriginal governments are not bound by the Charter. If section 35 includes a right to self-government, and section 25 ensures Aboriginal rights are not limited by the Charter , then section 25 would also guarantee that self-government is not limited by the Charter . [ 6 ]
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.
Aboriginal peoples in Canada are defined in the Constitution Act, 1982 as Indians, Inuit and Métis.Prior to the acquisition of the land by European empires or the Canadian state after 1867, First Nations (Indian), Inuit, and Métis peoples had a wide variety of polities within their countries, from band societies, to tribal chiefdoms, multinational confederacies, to representative democracies ...
German-born anthropologist Franz Boas not only opposed the ban; with the help of his First Nations assistant, he actually hosted one. Despite various opinions on the matter, the ban was eventually enacted, lasting until repealed in 1951. Some first Nations opponents of the ban saw the law as an instrument of injustice and intolerance. [13]