|
Canadian Aboriginal Law
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. ''Aboriginal peoples'' as a collective noun is a specific term of art used in legal documents, including the '' Constitution Act, 1982'', and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate. Sources Aboriginal law Aboriginal law is based on a variety of written and unwritten legal sources. The Royal Proclamation of 1763 is the foundation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Law
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the '' Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstand ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Oil And Gas Act
The ''Indian Oil and Gas Act'' () is an act of the Parliament of Canada relating to the regulation and management of exploitation oil and gas on "land reserved for the Indians". Provisions Royalties awarded to First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ... under the act may be held by the federal government in trust. The act has four main elements: * it legalises royalty rates, which were previously set by ministerial prescription * it brought existing oil and gas contracts under the act * it allowed for a new set of regulations * it required the minister to consult with First Nations people in administering the act. The act establishes Indian Oil and Gas Canada as a regulator of oil and gas on First Nations land. Certain regulations are administered by p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Aboriginal And Indigenous Law
Canadians () 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 and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Hospital
The Indian hospitals were racially segregated hospitals, originally serving as tuberculosis sanatoria but later operating as general hospitals for indigenous peoples in Canada which operated during the 20th century. The hospitals were originally used to isolate Indigenous tuberculosis patients from the general population because of a fear among health officials that "Indian TB" posed a danger to the non-indigenous population. Many of these hospitals were located on Indian reserves, and might also be called ''reserve hospitals'', while others were in nearby towns. History Indigenous populations had been affected by various diseases brought by European settlers and missionaries, including tuberculosis, smallpox, measles, mumps, diphtheria, typhoid, and influenza, from the 19th century onwards. These exposures to new diseases reduced the population by as much as 90%. At best, waves of infection are partially documented. Tuberculosis moved more slowly, but by 1950, one in five I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Genocide Of Indigenous Peoples
Throughout the history of Canada, the Canadian government, its colonial predecessors, and European settlers perpetrated systematic violence against Indigenous peoples that increasingly has been recognized as genocide. These actions included forced displacement, land dispossession, deliberate starvation policies, physical violence, and compulsory assimilation programs. These atrocities have also been described as ethnic cleansing and crimes against humanity. Canada is a settler-colonial nation whose initial economy relied on farming and exporting natural resources like fur, fish, and lumber. The Canadian government implemented policies such as the Indian Act, health-care segregation, residential schools and displacement that attempted forced assimilation of Indigenous peoples into Euro-Canadian culture while asserting control over the land and its resources. Despite current views that might define these actions as racist or genocidal, they were seen as progressive at the ti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settler Colonialism In Canada
Settler colonialism in Canada refers to the process and effects of colonization on the Indigenous peoples in Canada, Indigenous peoples of Canada. As colonization progressed, Indigenous peoples were subject to policies of forced assimilation and Canadian genocide of Indigenous peoples, cultural genocide. Governments in Canada in many cases ignored or chose to deny the aboriginal title of First Nations. The traditional governance of many of the First Nations was replaced with government-imposed structures. Many Indigenous cultural practices were banned. The relationship between The Canadian Crown and Indigenous peoples of Canada, Aboriginal Canadians and the Crown has been heavily defined by the effects of settler colonialism and Indigenous resistance. Canadian courts and recent governments have recognized and eliminated many discriminatory practices. Government policies Doctrine of Discovery The Catholic Discovery doctrine, Doctrine of Discovery is a legal doctrine that Louise ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jack Woodward
Jack Woodward (born 3 October 1951) is a Canadian lawyer. He specializes in Canadian Aboriginal law and is the author of ''Aboriginal Law in Canada'', which is considered the leading Canadian publication on Aboriginal Law. Woodward was named to ''Maclean's Power List'' in February 2022 as one of the top 50 Canadians who are forging paths, leading the debate and shaping how we think and live. Woodward has practiced law since 1979, primarily in the areas of Aboriginal law and environmental law. He has represented more than a hundred First Nations groups and organizations in a wide variety of legal actions including the landmark case, '' Tsilhqot'in Nation v British Columbia'', the first successful Aboriginal title claim in Canada. In 1980 he ran as a political candidate for the New Democratic Party in the Canadian federal election for the riding of North Vancouver—Burnaby. Woodward wrote the first draft of section 35 of the Constitution Act, 1982, which provides constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wahkohtowin
''Wahkohtowin'' is a Cree word which denotes the interconnected nature of relationships, communities, and natural systems. Its literal meaning is "kinship", but it is often used to refer to Cree law, or Cree codes of conduct. Etymology In the Cree language, ''nêhiyaw wiyasowêwina'' literally translates to "Cree laws", with ''wiyasowêwina'' meaning the act of weaving. However, law is almost invariably referred to as ''wahkohtowin'', which means "kinship", in reference to an individual's relationship with, and responsibilities within, the systems of which the individual is a part. As such, "''wahkohtowin''" is not totally equivalent to the dominant western conceptions of "law", for example because Cree wâhkôtowin does not refer solely to positivistic or formalistic rules. Rather, ''wahkohtowin'' is a set of obligations which flows from one's role within his or her community. Origins Understandings about ''wahkohtowin'' may have sacred origins, may come from positivistic rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 includes the entirety of modern-day Alberta, Manitoba, and Saskatchewan, as well as parts of modern-day British Columbia, Ontario, the Northwest Territories, Nunavut, and Yukon. These treaties expanded the Dominion of Canada resulting in the displacement of Indigenous populations for 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Health Transfer Policy (Canada)
The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health program responsibilities at a pace determined by their individual circumstances and health management capabilities. Background To put health transfer in context, it is useful to understand from a historical perspective how First Nations, Inuit, Métis and the Canadian federal government through Indian and Northern Affairs have worked together to respond to Indigenous peoples expressed desire to manage and control their own health programs. 1969 White Paper The White Paper was a federal government policy paper which proposed to remove the st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And Indigenous Peoples
The association between the monarchy of Canada and Indigenous peoples in Canada stretches back to the first interactions 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, overseen by the minister of Crown–Indigenous relations, and expressed through numerous meetings and ceremonies, as well as exchanges of gifts and honours, involving Indigenous leaders, the monarch, his viceroy or viceroys, and/or other members of the Canadian royal famil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-five Of The Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rights and Freedoms''. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. Text The provision provides that: Aboriginal rights In 1982, when section 35 was entrenched into the Canadian Constitution, Delbert Riley — who was then ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
