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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]
Recognition and Implementation of Indigenous Rights Framework (RIIRF) is a legislation and policy initiative intended to be undertaken in "full partnership with First Nations, Inuit, and Métis Peoples" that was announced during a speech in the House of Commons of Canada by Prime Minister, Justin Trudeau on February 14, 2018. [1]
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [16] 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 ...
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 ...
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.
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."
Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the aboriginal peoples. The treaty rights protect and enforce agreements between the Crown and aboriginal ...
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.