Canadian Aboriginal law

A life-sized bronze statue of an Aboriginal and eagle above him; there is a bear to his right and a wolf to his left, they are all looking upwards towards a blue and white sky
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Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to Indigenous peoples in Canada. Thus, Canadian Aboriginal Law is different than Indigenous Law. In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Canadian Aboriginal law provides certain Constitutionally recognized rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada and includes First Nations, Inuit and Métis people. Canadian Aboriginal Law enforces and interprets certain treaties between the government and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate.

Aboriginal law is based on a variety of sources. The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 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, 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, recognizes Aboriginal treaty and land rights, with section 35 being particularly important. Section 35's recognition of Aboriginal rights refers to an ancient source of Aboriginal rights in custom.

This page was last edited on 15 May 2018, at 11:16 (UTC).
Reference: under CC BY-SA license.

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