Canadian Aboriginal law
Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to Indigenous peoples in Canada. 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.' A major area of Aboriginal law involves the duty to consult and accommodate.
Sources of law
Aboriginal law is based on a variety of sources. The Royal Proclamation of 1763 is the foundation document creating special land rights for Aboriginal 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.
- Aboriginal land title in Canada
- The Canadian Crown and Indigenous peoples
- Indian Act
- Indian Health Transfer Policy (Canada)
- Numbered Treaties
- Hogg, Peter W., Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 631.
- 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
- Smith, David E. (1999). The Republican Option in Canada. Toronto, Buffalo, London: University of Toronto Press. p. 16. ISBN 0-8020-4469-7.
- Elkins, David J. Watson, William, ed. Policy Options: Bye-Bye for Good? (May 1999). Montreal: Institute for Research on Public Policy. p. 23 http://www.irpp.org/po/. Retrieved 10 February 2009. Missing or empty
- "Constitution Act, 1982 Canadian Charter of Rights and Freedoms". Department of Justice. Government of Canada. 1982. Retrieved 2009-09-18.
- Asch, Michael (1998). Aboriginal and treaty rights in Canada : essays on law, equality, and respect for difference. University of British Columbia Press. ISBN 0-7748-0581-1.
- Bell, Catherine; Robert K. Paterson (2009). Protection of First Nations Cultural Heritage: Laws, Policy, and Reform. UBC Press. ISBN 978-0-7748-1463-8
- Bell, Catherine; Val Napoleon (2008). First Nations Cultural Heritage and Law: Case Studies, Voices, and Perspectives. UBC Press. ISBN 978-0-7748-1461-4
- Borrows, John (2002). Recovering Canada: the resurgence of Indigenous law. University of Toronto Press. ISBN 0-8020-3679-1
- Dupuis, Renée (2002). Justice for Canada's Aboriginal peoples. James Lorimer and Company. ISBN 1-55028-775-3.
- Gibson, Gordon (2009). A New Look at Canadian Indian Policy: Respect the Collective - Promote the Individual. Vancouver: Fraser Institute. ISBN 0-88975-243-5.
- Woodward Q.C., Jack (1989–2016). Native Law. Carswell. ISBN 0-459-33271-6.
- Canadian Aboriginal Law, Indian Law - Canadian Law Information
- A Brief Introduction to Aboriginal Law in Canada (Bill Henderson Barrister & Solicitor)
- From the Desk of Jack Woodward, QC
- The Native Law Centre of Canada (University of Saskatchewan)
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