Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to

Indigenous peoples in Canada Indigenous peoples in Canada (also known as Aboriginals) are the Indigenous peoples of the Americas, Indigenous peoples within the boundaries of Canada. They comprise the First Nations in Canada, First Nations, Inuit, and Métis#Métis people in ...

. 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 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 ...

Inuit Inuit (singular: Inuk) are a group of culturally and historically similar Indigenous peoples traditionally inhabiting the Arctic and Subarctic regions of North America and Russia, including Greenland, Labrador, Quebec, Nunavut, the Northwe ...

and

Métis The Métis ( , , , ) are a mixed-race Indigenous people whose historical homelands include Canada's three Prairie Provinces extending into parts of Ontario, British Columbia, the Northwest Territories and the northwest United States. They ha ...

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 document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the ''

Constitution Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

'' 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 The ''Indian Act'' () is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how t ...

'', '' 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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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
(University of Saskatchewan) Canadian Aboriginal and indigenous law Indigenous politics in Canada Indigenous law {{Canada-law-stub