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The Supreme Court of Canada argued that treaties "served to reconcile pre-existing Indigenous sovereignty with assumed Crown sovereignty, and to define Aboriginal rights." [ 31 ] First Nations interpreted agreements covered in Treaty 8 to last "as long as the sun shines, grass grows and rivers flow."
Indigenous peoples in Canada demand to have their land rights and their Aboriginal titles respected by the Canadian government. These outstanding land claims are some of the main political issues facing Indigenous peoples today. [1] [2] The Government of Canada started recognizing Indigenous land claims in 1973.
The United Nations Declaration on the Rights of Indigenous Peoples Act [a] (French: Loi sur la Déclaration des Nations Unies sur les droits des peuples autochtones, also known as UNDA or formerly Bill C-15) is a law enacted by the Parliament of Canada and introduced during the second session of the 43rd Canadian Parliament in 2020. [1]
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. [2] [3] Aboriginal peoples as a collective noun [4] is a specific term of art used in legal documents, including the Constitution Act, 1982, and includes First ...
Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the working group began working on drafting the declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities , which gave its ...
A federal policy created the Office of Native Claims within the Department of Indian and Northern Affairs to negotiate indigenous land claims, which were divided into two categories: comprehensive claims and specific claims. The former deals with the rights of indigenous people to their ancestral lands for traditional use. Specific claim, on ...
The word "existing" in section 35(1) has created the need for the Supreme Court of Canada to define what Aboriginal rights "exist". The Supreme Court ruled in R. v. Sparrow [4] that, before 1982 (when section 35 came into effect), Aboriginal rights existed by virtue of the common law. Common law could be changed by legislation.
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [1] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...