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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 ...
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.
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 ...
Musqueam flag. The Van der Peet test is a legal framework used by Canadian courts to determine the scope and content of Indigenous rights. The test was established by the Supreme Court of Canada in the 1996 case of R v Van der Peet, which involved the Musqueam First Nation in British Columbia and their traditional fishing practices.
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.
In May 1969, the government held a meeting of regional Aboriginal leaders from across the nation in Ottawa. It heard their concerns about Aboriginal and treaty rights, land title, self-determination, education, and health care. [5] After the consultations, Chrétien presented the government's White Paper to the House of Commons on June 25, 1969 ...
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.