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Canadian Aboriginal law

Canadian Aboriginal law

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Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and M├ętis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....

. Aboriginal law provides certain rights to land and traditional practices. It enforces and interprets certain treaties between the government and Aboriginal people, and manages much of their interaction.'

Sources of law


Aboriginal law is based on a variety of sources. Section 91(24) of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...

gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians. " Under this power, that legislative body has enacted the Indian Act
Indian Act
The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...

, First Nations Land Management Act, Indian Oil and Gas Act, and the Department of Indian Affairs and Northern Development Act. Part II of the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...

, recognizes Aboriginal treaty and land rights, with section 35
Section Thirty-five of the Constitution Act, 1982
Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...

 being particularly important. Section 35's recognition of Aboriginal rights refers to an ancient source of Aboriginal rights in custom.

See also


:Category:Canadian Aboriginal case law (List of Canadian case law dealing with Aboriginal peoples)
  • The Canadian Crown and Aboriginal peoples
  • Numbered Treaties
    Numbered Treaties
    The numbered treaties are a series of eleven treaties signed between the aboriginal peoples in Canada and the reigning Monarch of Canada from 1871 to 1921. It was the Government of Canada who created the policy, commissioned the Treaty Commissioners and ratified the agreements...

  • Indian Health Transfer Policy (Canada)
    Indian Health Transfer Policy (Canada)
    The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into...

  • Indian Act
    Indian Act
    The Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...


External links