Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal 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
.JPG/80px-Aboriginal_War_Veterans_monument_(close).JPG "Canadian Aboriginal law")
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. " 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.
See also
- Aboriginal land title in Canada
- The Canadian Crown and Aboriginal peoples
- Indian Act
- Indian Health Transfer Policy (Canada)
- Numbered Treaties
References
Further reading
External links
- Canadian Aboriginal Law, Indian Law - Canadian Law Information
- A Brief Introduction to Aboriginal Law in Canada (Bill Henderson Barrister & Solicitor)