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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 ...
It is the largest Aboriginal land claim settlement in Canadian history. [ 1 ] The NLCA consists of 42 chapters, which address a broad range of political and environmental rights and concerns including wildlife management and harvesting rights, land , water and environmental management regimes, parks and conservation areas , heritage resources ...
First Nations cannot use Aboriginal titles or punitive damages as the basis of their claims. [ 9 ] The government of Canada typically resolves specific claims by negotiating a monetary compensation for the breach with the band government , and in exchange, they require the extinguishment of the First Nation's rights to the land in question.
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 ...
The word "existing" in section 35(1) has created the need for the Supreme Court of Canada to define what Aboriginal rights "exist". The Supreme Court ruled in R. v. Sparrow [4] that, before 1982 (when section 35 came into effect), Aboriginal rights existed by virtue of the common law. Common law could be changed by legislation.
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.
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and