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Duty To Consult And Accommodate
In Canada, the duty to consult and accommodate with Aboriginal peoples arises when the Crown contemplates actions or decisions that may affect Aboriginal or Treaty rights. This duty arises most often in the context of natural resource extraction such as mining, forestry, oil, and gas. It is very difficult to practically separate the duty to consult and accommodate because consultation may lead to the fulfillment of the duty to accommodate and consultation is meaningless if accommodation is excluded from the outset. As such, the two are intertwined and must be addressed together. The broad purpose of the duty to consult and accommodate is to advance the objective of reconciliation of pre-existing Aboriginal societies with the assertion of Crown Sovereignty. This duty flows from the honour of the Crown and its fiduciary duty to Indigenous peoples. The obligation to provide consultation and a decision-making process that is compatible with the honour of the Crown is embedded in Sectio ...
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Aboriginal Peoples
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original peoples. The term ''Indigenous'' was first, in its modern context, used by Europeans, who used it to differentiate the Indigenous peoples of the Americas from the Europeans, European settlers of the Americas and from the African diaspora, Sub-Saharan Africans who were brought to the Americas as Slavery, enslaved people. The term may have first been used in this context by Thomas Browne, Sir Thomas Browne in 1646, who stated "and although in many parts thereof there be at present swarms of ''Negroes'' serving under the ''Spaniard'', yet were they all transported from ''Africa'', since the discovery of ''Columbus''; and are not indigenous or proper natives of ''America''." Peoples are usually described as "Indigenous" when they maintain traditions ...
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First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of D ...
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Environmental Law In Canada
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution Evolution is change in the heritable characteristics of biological populations over successive generations. These characteristics are the expressions of genes, which are passed on from parent to offspring during reproduction. Variation .... A biophysical environment can vary in scale from microscopic to global in extent. It can also be subdivided according to its attributes. Examples include the marine environment, the atmospheric environment and the Ecoregion#Terrestrial, terrestrial environment. The number of biophysical environments is countless, given that each living organism has its own environment. The term '':wikt:environment, environment'' can refer to a singular global environment in relation to humanity, or a local biophysical environment, e.g. the UK's Enviro ...
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Canadian Aboriginal And Indigenous Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Indigenous Rights In Canada
Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse * ''Indigenous'' (film), Australian, 2016 See also *Disappeared indigenous women *Indigenous Australians *Indigenous language *Indigenous religion *Indigenous peoples in Canada In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and '' Eskimo'' have fallen into disuse in Canada, and most consider th ... * Native (other) * * {{disambiguation ...
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Métis
The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives from specific mixed European (primarily French) and Indigenous peoples of the Americas, Indigenous ancestry which became a distinct culture through ethnogenesis by the mid-18th century, during the early years of the North American fur trade. In Canada, the Métis, with a population of 624,220 as of 2021, are one of three major groups of Indigenous peoples in Canada, Indigenous peoples that were legally recognized in the Constitution Act of 1982, the other two groups being the First Nations in Canada, First Nations and Inuit. Smaller communities who self-identify as Métis exist in Canada and the United States, such as the Little Shell Tribe of Chippewa Indians of Montana. The United ...
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Inuit
Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territories, and Alaska. Inuit languages are part of the Eskimo–Aleut languages, also known as Inuit-Yupik-Unangan, and also as Eskaleut. Inuit Sign Language is a critically endangered language isolate used in Nunavut. Inuit live throughout most of Northern Canada in the territory of Nunavut, Nunavik in the northern third of Quebec, Nunatsiavut and NunatuKavut in Labrador, and in various parts of the Northwest Territories, particularly around the Arctic Ocean, in the Inuvialuit Settlement Region. With the exception of NunatuKavut, these areas are known, primarily by Inuit Tapiriit Kanatami, as Inuit Nunangat. In Canada, sections 25 and 35 of the Constitution Act of 1982 classify Inuit as a distinctive group of Aboriginal Canadians wh ...
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List Of First Nations Governments
The following is a partial list of First Nations band governments in Canada: Alberta Atlantic Canada Newfoundland and Labrador * Miawpukek First Nation * Mushuau Innu First Nation * Qalipu First Nation * Sheshatshiu Innu First Nation New Brunswick Nova Scotia Prince Edward Island * Abegweit First Nation * Lennox Island First Nation British Columbia Manitoba Northern Canada Northwest Territories Nunavut There are no First Nations band governments in Nunavut. Yukon Ontario Quebec Saskatchewan See also ;Americas * Classification of indigenous peoples of the Americas * Names of the indigenous territories of North America ;Canada * List of Canadian Aboriginal leaders * List of First Nations peoples * List of Indian reserves in Canada *List of Indian reserves in Canada by population *List of place names in Canada of Aboriginal origin ;United States * Federally recognized tribes * (Federally) unrecognized tribes * Native Americans in the Unite ...
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Numbered Treaties
The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty. These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the d ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of ex ...
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The Canadian Crown And Aboriginal Peoples
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law and overseen by the Minister of Indigenous and Northern Affairs. Relations The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and perso ...
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Aboriginal Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and '' Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indian Clovis, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in Canada includes a long history of permanent settlements, ag ...
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