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Canada the Federal Court of Canada ruled that 200,000 off-reserve First Nations people and 400,000 Métis were also "Indians" under s. 91(24) of the Constitution Act, 1867. [49] These had no formal representation at the Assembly of First Nations , which had hitherto been assumed by the federal government to speak authoritatively on all matters ...
The Constitution of Canada includes written and unwritten components. [4] Section 52 of the Constitution Act, 1982 states that "the Constitution of Canada is the supreme law of Canada" and that any inconsistent law is of no force or effect. [4]
As part of the British North America Act, 1867, the Parliament of Canada was granted power to implement certain treaties: . 132.The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign ...
The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title ) and the ...
The Royal Proclamation continues to be of legal importance to First Nations in Canada, being the first legal recognition of aboriginal title, rights and freedoms. It is recognized in the Constitution Act, 1982, partly due to direct action by Indigenous peoples of Canada, known as the Constitution Express movement of 1980–1982. [4] [5]
Report of the Royal Commission for the Investigation of all Grievances Affecting His Majesty's Subjects of Lower Canada (1837) Lord John Russell's Ten Resolutions (March 6, 1837) Declaration of Independence of Lower Canada (February 22, 1838) Report on the Affairs of British North America (1839) (February, 1839) Act of Union (1840) (February 10 ...
In Lower Canada, the coexistence of French civil law and English criminal law continued. Although it solved the immediate problems related to the settlement of the Loyalists in Canada, the new constitution brought a whole new set of political problems which were rooted in the constitution.
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.