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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 ...
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 ...
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 ...
Comprehensive claims are assertions of Aboriginal title by Indigenous groups over their ancestral lands and territories. Following the 1973 Calder decision, in which the existence of Aboriginal title was first recognized in Canadian courts, the Canadian government implemented the Comprehensive Land Claim Policy. It is through this process that ...
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.
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 ]
Specific focus on Indigenous criminal sentencing is seen as response to the problem of Indigenous over-incarceration. The issue was first documented in 1967, in a report by the Canadian Corrections Association titled "Indians and the Law." [4] However, the number of incarcerated Indigenous individuals has been increasing since the Second World ...
Pages in category "Canadian Aboriginal and indigenous law" The following 19 pages are in this category, out of 19 total. This list may not reflect recent changes. A.