Canadian Aboriginal law

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". Under this power, that legislative body has enacted the Indian Act, First Nations Land Management Act, Indian Oil and Gas Act, Department of Crown-Indigenous Relations and Northern Affairs Act and the Department of Indigenous Services 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.

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. Indigenous law is developed from a variety of sources and institutions which differ across legal traditions.

Indigenous self government

Treaties

Act

Aboriginal land title in Canada

Notes

References

Bibliography

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• {{Cite book |last = Bell |first =Catherine |author2=Val Napoleon |year =2008 |title =First Nations Cultural Heritage and Law: Case Studies, Voices, and Perspectives
• {{Cite book |last =Borrows |first = John |year =2002 |title =Recovering Canada: the resurgence of Indigenous law
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References

1. Hogg, Peter W., Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 631.
2. Kaufman, Amy. "Research Guides: Aboriginal Law & Indigenous Laws: A note on terms".
3. (September 21, 2016). "Indigenous or Aboriginal: Which is correct?".
4. (April 2015). "Briefing Note on Terminology". University of Manitoba.
5. "Native American, First Nations or Aboriginal? {{!}} Druide".
6. Campagnolo, Iona. (13 January 2005). "Kyuquot First Nation Community Reception: Remarks by Lieutenant Governor Iona Campagnolo". Queen's Printer for British Columbia.
7. Smith, David E.. (1999). "The Republican Option in Canada". University of Toronto Press.
8. ''[https://laws-lois.justice.gc.ca/eng/acts/F-11.8/page-7.html#h-227447 First Nations Land Management Act]'' (S.C. 1999, c. 24).
9. ''[https://laws-lois.justice.gc.ca/eng/acts/I-7/ Indian Oil and Gas Act]'' (R.S.C., 1985, c. I-7).
10. [https://laws-lois.justice.gc.ca/eng/acts/C-49.8/ ''Department of Crown-Indigenous Relations and Northern Affairs Act''] (S.C. 2019, c. 29, s. 337)
11. [https://laws-lois.justice.gc.ca/eng/acts/I-7.88/ ''Department of Indigenous Services Act''] (S.C. 2019, c. 29, s. 336).
12. Elkins, David J.. (May 1999). "Any Lessons for Us in Australia's Debate?".
13. (1982). "Constitution Act, 1982 Canadian Charter of Rights and Freedoms". Government of Canada.