Canadian Indigenous law

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Canadian Indigenous law or Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to Indigenous peoples in Canada.^[1] Indigenous law provides certain rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada and includes First Nations, Inuit and Métis people. It enforces and interprets certain treaties between the government and Indigenous people, and manages much of their interaction.'^[2] A major area of Aboriginal law involves the duty to consult and accommodate.

Sources of law

Indigenous law is based on a variety of sources. The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians".^[3] Under this power, that legislative body 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.^[4] 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.^[5]

See also

• Aboriginal land title in Canada
• The Canadian Crown and Indigenous peoples
• Indian Act
• Indian Health Transfer Policy (Canada)
• Numbered Treaties

References

Further reading

External links

• Canadian Aboriginal Law, Indian Law - Canadian Law Information
• A Brief Introduction to Aboriginal Law in Canada (Bill Henderson Barrister & Solicitor)
• From the Desk of Jack Woodward, QC
• The Native Law Centre of Canada (University of Saskatchewan)

Canadian Indigenous law
Politics, law and legislation	Indigenous and Northern Affairs Canada The Canadian Crown and Indigenous peoples Canadian Indian residential school system High Arctic relocation Fred Quilt inquiry Ipperwash Crisis
Indigenous law	Royal Proclamation of 1763 Constitution Act, 1867 Section 35 of the Constitution Act, 1982 Douglas Treaties Robinson Treaty 1969 White Paper Kelowna Accord Numbered Treaties Indian Act Royal Commission on Aboriginal Peoples First Nations treaties in British Columbia Indian Health Transfer Policy Duty to consult and accommodate Gladue report
Case law	Attorney General of Canada v. Lavell R. v. Badger Calder v. British Columbia Chippewas of Sarnia Band v. Canada Corbiere v. Canada Daniels v. Canada Delgamuukw v. British Columbia Native Women's Association of Canada v. Canada Kruger and al. v. The Queen R. v. Marshall; R. v. Bernard R. v. Marshall Mitchell v. M.N.R. Paul v. British Columbia Paulette Caveat Powley ruling R. v. Drybones R. v. Gladstone R. v. Gladue R. v. Gonzales R. v. Guerin R. v. Jim R. v. Pamajewon R. v. Sparrow Re Eskimos St. Catharines Milling and Lumber Co. v. R. R. v. Van der Peet Tsilhqot'in Nation v. British Columbia Daniels v. Canada
International rights & laws	Definitions and identity of indigenous peoples Declaration of Indigenous Peoples Rights United Nations Permanent Forum on Indigenous Issues Indigenous intellectual property
See also Index of articles related to Indigenous Canadians

Canadian law
Sources	Constitution Federal statutes Provincial statutes
Core areas	Constitutional Administrative Criminal Contract Tort Property
Other areas	Aboriginal Civil and human rights Family Immigration and refugees Labour and employment Maritime Copyright Trade-marks Patent
Courts	Supreme Court Federal Court Appeal Courts of Appeal Superior Provincial
Education	Law school Law School Admission Test Call to the bar