Canadian Aboriginal law

From Wikipedia, the free encyclopedia
  (Redirected from Canadian aboriginal law)
Jump to: navigation, search

Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada.[1] Aboriginal law provides certain rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada and includes First Nations, Inuit and Métis people. It enforces and interprets certain treaties between the government and Aboriginal people, and manages much of their interaction.'[2] A major area of Aboriginal law involves the duty to consult and accommodate.

Sources of law[edit]

Aboriginal law is based on a variety of sources. 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.[3] " 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.[4] 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.[5]

See also[edit]

References[edit]

  1. ^ Hogg, Peter W., Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 631.
  2. ^ Campagnolo, Iona (13 January 2005). "Speech by Lieutenant Governor Iona Campagnolo, Kyuquot First Nation Community Reception". written at Kyuquot. In Office of the Lieutenant Governor of British Columbia. Victoria: Queen's Printer for British Columbia. Retrieved 29 September 2009.  Missing or empty |title= (help)
  3. ^ Smith, David E. (1999). The Republican Option in Canada. Toronto, Buffalo, London: University of Toronto Press. p. 16. ISBN 0-8020-4469-7. 
  4. ^ Elkins, David J. "Any Lessons for Us in Australia's Debate?". In Watson, William. Policy Options: Bye-Bye for Good? (May 1999) (Montreal: Institute for Research on Public Policy). p. 23 http://www.irpp.org/po/ |url= missing title (help). Retrieved 10 February 2009. 
  5. ^ "Constitution Act, 1982 Canadian Charter of Rights and Freedoms". Department of Justice. Government of Canada. 1982. Retrieved 2009-09-18. 

Further reading[edit]

External links[edit]