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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 Gradual Enfranchisement Act (French: Acte pourvoyant à l’émancipation graduelle) was an 1869 act of the 1st Canadian Parliament of the Parliament of Canada.The act introduced several policies and regulations for the supervision of Indigenous peoples in Canada, notably the establishment of elected band councils.
Recognition and Implementation of Indigenous Rights Framework (RIIRF) is a legislation and policy initiative intended to be undertaken in "full partnership with First Nations, Inuit, and Métis Peoples" that was announced during a speech in the House of Commons of Canada by Prime Minister, Justin Trudeau on February 14, 2018. [1]
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 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 Act for the Protection of the Indians in Upper Canada (1839) classified the reserves as Crown lands. [3] In 1850, further protective acts were passed in both Upper and Lower Canada: Indians living on reserves were designated as exempt from taxation, and colonials were prohibited from trespassing on Indian lands or seizing them in the case ...
Because Treaty 3 was made with a single aboriginal people, it is clear that the Anishinaabe Nation in Treaty No. 3 is the "rights-holder" for the collective aboriginal and treaty rights of its citizens. In general, such rights are held by an aboriginal people of Canada (not a Band [29]). Aboriginal rights of the Nation include specific (local ...
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [1] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...