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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 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.
The Van der Peet test or the Integral to a Distinctive Culture Test is a legal test used in Canada to determine whether an activity is considered an "Aboriginal right" under section 35 of the Canadian Constitution. [1] The test was established in the landmark Supreme Court of Canada case R. v. Van der Peet (1996). [2]
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 ...
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
The legislation establishes a legal framework and timeline to bring Canadian law into alignment with the United Nations' Declaration on the Rights of Indigenous Peoples (UNDRIP). [2] [3] The law requires the federal government to ensure Canadian law is consistent with the declaration's 46 articles, working with First Nations, Métis, and Inuit ...
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 ...
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.