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The Indian Act (French: Loi sur les Indiens) is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. [3] [4] [a] First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members.
The United Nations Declaration on the Rights of Indigenous Peoples Act [a] (French: Loi sur la Déclaration des Nations Unies sur les droits des peuples autochtones, also known as UNDA or formerly Bill C-15) is a law enacted by the Parliament of Canada and introduced during the second session of the 43rd Canadian Parliament in 2020. [1]
[27] [28] Bill C-15 passed Canada's senate on June 16, 2021, and received royal assent on June 21, 2021, to become law. In doing so Canada became the first of the four countries that originally voted against the UNDRIP to adopt it into law. [29] Australian Government interventions have been challenged under its terms without success. [30]
Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. [1] Canadian aboriginal law is different from Indigenous Law. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices.
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous 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". [8]
[36] No other term is legally recognized for the purpose of registration and the term Indian specifically excludes reference to Inuit as per section 4 of the act. [37] Indian remains in place as the legal term used in the Canadian Constitution; however, its usage outside such situations can be considered offensive. [2] [nb 2]
Some bands receive a measure of autonomy under the Indian Act, and the consequent powers of the councils would be protected by section 25. Meanwhile, section 32, which bounds the federal and provincial governments to the Charter, may not include the band councils if their authority derives not only from the Indian Act but also tradition. [8]
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 ...
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