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British Columbia (Minister of Forests) [7] and Taku River Tlingit First Nation v. British Columbia. [8] The duty is engaged when "the Province has knowledge, real or constructive, of the potential existence of Aboriginal right or title and contemplates conduct that might adversely affect them."
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 ...
The treaty rights protect and enforce agreements between the Crown and aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. Subsection 35(2) provides that aboriginal and treaty rights extend to Indian, Inuit, and Métis peoples and subsection 35(4), which was added ...
Today, these agreements are upheld by the Government of Canada, administered by Canadian Aboriginal law and overseen by the Minister of Crown–Indigenous Relations. They are often criticized and are a leading issue within the fight for First Nation rights. The Constitution Act, 1982 gave protection of First Nations and treaty rights under ...
Courthouses in North Vancouver, Duncan, Kamloops and New Westminster in British Columbia offer Gladue Courts for Indigenous individuals who have pleaded guilty to criminal offences. These courts allow for victims, families, Elders, counsellors, Indigenous court workers and social workers to participate in the sentencing proceeding.
Canadian aboriginal law is the area of law related to the Canadian Government's relationship with its Indigenous peoples (First Nations, Métis and Inuit). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act ...
The BC Treaty Referendum was a province-wide referendum on First Nations treaty rights in British Columbia, Canada. In the spring of 2002 the Premier Gordon Campbell and the British Columbia Liberal Party government sent out ballots to registered voters in the province. [1] 35.84% of ballots (763,480) were received by Elections BC by the ...
The White Paper was considered to be especially provocative in British Columbia, as the Crown had never signed treaties with any of the Indian peoples of British Columbia on land cessation and so the White Paper was felt to be an attempt by the Trudeau government to avoid dealing with the issue. [9] It is the contention of the First Nations of ...