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Canadian Aboriginal law facts for kids

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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

This section is transcluded from Indigenous peoples in Canada#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

This section is transcluded from Indian Act
The Indian Act ("An Act respecting Indians"), is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves. It was first passed in 1876 and is still in force with amendments. It is the primary document which governs how the Canadian state interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the Act has been an ongoing source of controversy. It has been interpreted in many ways by both aboriginal and non-aboriginal Canadians. The legislation has been amended many times, including "over twenty major changes" made by 2002.

Aboriginal land title in Canada

This section is transcluded from Aboriginal land title in Canada
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems. The Supreme Court of Canada has characterised the idea that aboriginal title is sui generis as the unifying principle underlying the various dimensions of that title. Aboriginal title is properly construed as neither a real right nor a personal right, despite the fact that it appears to share characteristics of both real and personal rights. Aboriginal title refers to the concept of a sui generis right in land that originates from the exclusive occupation and use of a specific territory by an aboriginal group over which the group has a native historic attachment.

See also

Kids robot.svg In Spanish: Derecho aborigen canadiense para niños

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