Canadian Aboriginal law facts for kids
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.
Treaties
The Canadian Crown and Indigenous peoples began interactions during the European colonization period. Numbered treaties, the Halifax Treaties, the Indian Act, the Constitution Act of 1982 and case laws were established. Aboriginal peoples construe these agreements as being between them and the Crown of Canada through the district's Indian Agent, and not the Cabinet of Canada. The Māori interprets the Treaty of Waitangi in New Zealand similarly. A series of eleven treaties were signed between First Nations in Canada and the reigning Monarch of Canada from 1871 to 1921. The Government of Canada created the policy, commissioned the Treaty Commissioners and ratified the agreements. These Treaties are agreements with the Government of Canada administered by Canadian Aboriginal law and overseen by the Minister of Indian Affairs and Northern Development.
According to the First Nations–Federal Crown Political Accord, "cooperation will be a cornerstone for partnership between Canada and First Nations, wherein Canada is the short-form reference to Her Majesty the Queen in Right of Canada. The Supreme Court of Canada argued that treaties "served to reconcile pre-existing Aboriginal sovereignty with assumed Crown sovereignty, and to define Aboriginal rights." First Nations people interpreted agreements covered in treaty 8 to last "as long as the sun shines, grass grows and rivers flow."
Act
Aboriginal land title in Canada
See also
In Spanish: Derecho aborigen canadiense para niños
- The Canadian Crown and Indigenous peoples
- Indian Health Transfer Policy (Canada)
- Numbered Treaties
- Cree law, an example of Indigenous Law
- Jack Woodward