Canadian aboriginal law
From Wikipedia, the free encyclopedia
Canadian aboriginal law is the body of Canadian law that concerns a variety of issues related to Aboriginal peoples in Canada. Aboriginal law provides certain rights to land and traditional practices. It enforces and interprets certain treaties between the government and aboriginals, and manages much of their interaction.
[edit] Sources of law
Aboriginal law is based on a variety of sources. Section 91(24) of the Constitution Act, 1867 gives the federal government exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians." Under this power the federal government has enacted the Indian Act, First Nations Land Management Act, Indian Oil and Gas Act, and the Department of Indian Affairs and Northern Development Act. Part II of the Constitution Act, 1982 recognizes aboriginal treaty and land rights, with section 35 being particularly important. Section 35's recognition of aboriginal rights refers to an ancient source of aboriginal rights in custom.
[edit] See also
| Sources of law | Constitution, federal statutes, provincial statutes |  |
|---|---|---|
| Core areas of law | Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law | |
| Other areas of law | Aboriginal law, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law | |
| Courts | Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts | |
| Education | Law school, Law School Admission Test, Call to the bar | |
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