7,367
edits
Difference between revisions of "Specific Communities and Family Law"
From Clicklaw Wikibooks
Specific Communities and Family Law (view source)
Revision as of 21:03, 20 June 2019
, 21:03, 20 June 2019→Aboriginal families
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 12: | Line 12: | ||
===Aboriginal families=== | ===Aboriginal families=== | ||
Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over | Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of First Nations, Inuit and Métis peoples of Canada. | ||
This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including: | This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including: | ||
| Line 20: | Line 20: | ||
*family property and family debt. | *family property and family debt. | ||
The section on [[Aboriginal Families]] also briefly addresses issues caused by the ''[http://canlii.ca/t/7vhk Indian Act]'', a law which has allowed the government to control most aspects of Aboriginal life since its inception in 1876. | The section on [[Aboriginal Families]] also briefly addresses issues caused by the ''[http://canlii.ca/t/7vhk Indian Act]'', a law which has allowed the government to control most aspects of Aboriginal life since its inception in 1876. | ||
===Newcomers to Canada and their families=== | ===Newcomers to Canada and their families=== | ||
