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[5] [6] Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. [7] A major area of Aboriginal law involves the duty to consult and accommodate.
The Kelowna Accord is a series of agreements between the Government of Canada, First Ministers of the Provinces, Territorial Leaders, and the leaders of five national Aboriginal organizations in Canada. The accord sought to improve the education, employment, and living conditions for Aboriginal peoples through governmental funding and other ...
Subsection 35(3), which was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally ...
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]
The Canadian Government said that while it supported the "spirit" of the declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional framework", [24] which includes both the Charter of Rights and Freedoms and Section 35, which enshrines aboriginal and treaty rights. In particular, the Canadian ...
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.
[4] The overview also noted that the framework will not "[d]efine and limit the rights of Indigenous Peoples, [c]reate municipal-style governments, [i]nfringe on provincial or territorial jurisdiction, [a]lter, without the agreement of the parties, any treaties, agreements or arrangements concluded under existing policies, or tables currently ...
Section 35(1) of the Constitution Act, 1982 says that "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed", while section 25 recognizes that rights in the Charter will not abrogate or derogate from existing or future aboriginal rights. By referencing these agreements in a ...