Canadian Aboriginal law
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Canadian Aboriginal law is the body of
Sources
Aboriginal law
Aboriginal law is based on a variety of written and unwritten legal 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".[8] Under this power, that legislative body has enacted the Indian Act, First Nations Land Management Act,[9] Indian Oil and Gas Act,[10] Department of Crown-Indigenous Relations and Northern Affairs Act[11] and the Department of Indigenous Services Act.[12][13]
Part II of the
Indigenous law
Canadian Indigenous law refers to Indigenous peoples own legal systems. This includes the laws and legal processes developed by Indigenous groups to govern their relationships, manage their natural resources, and manage conflicts.[2] Indigenous law is developed from a variety of sources and institutions which differ across legal traditions.[3]
Indigenous self government
Treaties
In 1973, Canada re-started signing new treaties and agreements with Indigenous peoples to address
Act
The
The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original Indian Act defines two elements that affect all Indigenous Canadians:
The act was passed because
Aboriginal land title in Canada
See also
- The Canadian Crown and Indigenous peoples
- Indian Health Transfer Policy (Canada)
- Numbered Treaties
- Cree law, an example of Indigenous Law
- Jack Woodward
References
- ^ Hogg, Peter W., Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 631.
- ^ a b John Borrows (2006). "Indigenous Legal Traditions in Canada" (PDF). Report for the Law Commission of Canada. Law Foundation Chair in Aboriginal Justice and Governance Faculty of Law, University of Victoria.
In Canada, Indigenous legal traditions are separate from but interact with common law and civil law to produce a variety of rights and obligations for Indigenous people....Many Indigenous societies in Canada possess legal traditions. These traditions have indeterminate status in the eyes of many Canadian institutions.
- ^ a b Kaufman, Amy. "Research Guides: Aboriginal Law & Indigenous Laws: A note on terms". guides.library.queensu.ca.
Indigenous law exists as a source of law apart from the common and civil legal traditions in Canada. Importantly, Indigenous laws also exist apart from Aboriginal law, though these sources of law are interconnected. Aboriginal law is a body of law, made by the courts and legislatures, that largely deals with the unique constitutional rights of Aboriginal peoples and the relationship between Aboriginal peoples and the Crown. Aboriginal law is largely found in colonial instruments (such as the Royal Proclamation of 1763, the Constitution Acts of 1867 and 1982 and the Indian Act) and court decisions, but also includes sources of Indigenous law. "Indigenous law consists of legal orders which are rooted in Indigenous societies themselves. It arises from communities and First Nation groups across the country, such as Nuu Chah Nulth, Haida, Coast Salish, Tsimshian, Heiltsuk, and may include relationships to the land, the spirit world, creation stories, customs, processes of deliberation and persuasion, codes of conduct, rules, teachings and axioms for living and governing.
- ^ "Indigenous or Aboriginal: Which is correct?". September 21, 2016. Archived from the original on September 22, 2016. Retrieved November 19, 2020.
- ^ McKay, Celeste (April 2015). "Briefing Note on Terminology". University of Manitoba. Archived from the original on October 25, 2016. Retrieved 2 July 2020.
- ^ "Native American, First Nations or Aboriginal? | Druide". www.druide.com. Retrieved May 19, 2017.
- ^ Campagnolo, Iona (13 January 2005). "Kyuquot First Nation Community Reception: Remarks by Lieutenant Governor Iona Campagnolo". Office of the Lieutenant Governor of British Columbia. Victoria: Queen's Printer for British Columbia. Archived from the original on 2007-09-27. Retrieved 29 September 2009.
- ISBN 0-8020-4469-7.
monarchy canada.
- ^ First Nations Land Management Act (S.C. 1999, c. 24).
- ^ Indian Oil and Gas Act (R.S.C., 1985, c. I-7).
- ^ Department of Crown-Indigenous Relations and Northern Affairs Act (S.C. 2019, c. 29, s. 337)
- ^ Department of Indigenous Services Act (S.C. 2019, c. 29, s. 336).
- ^ Elkins, David J. (May 1999). "Any Lessons for Us in Australia's Debate?" (PDF). Policy Options. p. 23. Archived from the original (PDF) on 2007-10-27. Retrieved 10 February 2009.
- ^ "Constitution Act, 1982 Canadian Charter of Rights and Freedoms". Department of Justice. Government of Canada. 1982. Archived from the original on 2005-12-04. Retrieved 2009-09-18.
- ^ "Self-government". www.rcaanc-cirnac.gc.ca. Government of Canada; Crown-Indigenous Relations and Northern Affairs Canada. November 3, 2008.
- ^ "Indigenous Self-Government in Canada". The Canadian Encyclopedia.
- ^ Hall, Anthony J. (6 June 2011). "Treaties with Indigenous Peoples in Canada | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 2021-08-05.
- ^ Crowe, Keith (2 March 2015). "Comprehensive Land Claims: Modern Treaties | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 2021-08-05.
- ^ a b Assembly of First Nations; Elizabeth II (2004). The Indian Act of Canada – Origins: Legislation Concerning Canada's First Peoples. 1. Ottawa: Assembly of First Nations. p. 3. Retrieved January 11, 2015.
- ^ "What is Treaty 8?". Canadian Broadcasting Corporation. Archived from the original on August 7, 2004. Retrieved October 5, 2009 – via cbc.ca.
- ^ Albers, Gretchen (2 March 2015). "Indigenous Peoples and Specific Claims | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Retrieved 2021-08-05.
- ^ Belanger 2014, p. 117.
- ^ Belanger 2014, p. 115.
- ^ John F. Leslie (2002). "The Indian Act: An Historical Perspective". Canadian Parliamentary Review. 25 (2).
- ^ "Guerin v. The Queen, [1984] 2 SCR 335". Supreme Court of Canada.
- ^ a b "Delgamuukw v. British Columbia, [1997] 3 SCR 1010". Supreme Court of Canada.
- ^ "R. v. Sparrow, [1990] 1 SCR 1075". Supreme Court of Canada.
- ISSN 0008-3003.
- ^ "R. v. Van der Peet, [1996] 2 SCR 507". Supreme Court of Canada.
- ^ a b "Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani‑Utenam), 2020 SCC 4". Supreme Court of Canada.
- )
Bibliography
- 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.
- Belanger, Yale D. (2014). Ways of Knowing: An Introduction to Native Studies in Canada. Toronto, ON: Nelson.
- 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 978-0-88975-243-6.
- Woodward Q.C., Jack (1989–2016). Native Law. Carswell. ISBN 0-459-33271-6.
External links
- A Brief Introduction to Aboriginal Law in Canada (Bill Henderson Barrister & Solicitor)
- A Guide to Canadian Indigenous Law (Jack Woodward, Q.C. Lawyer and Author)
- The Native Law Centre of Canada Archived 2019-11-21 at the Wayback Machine (University of Saskatchewan)