Aboriginal Law - Revision history

Drew Jackson: /* With more information */

2023-11-07T23:09:29Z

With more information

← Older revision		Revision as of 23:09, 7 November 2023
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	* [https://www.canada.ca/indigenous Visit website]		* [https://www.canada.ca/indigenous Visit website]

	The '''Aboriginal Legal Aid in BC''' website from Legal ~~Services Society~~ provides information and publications on issues important to Aboriginal people, and information about the help that legal aid and other groups can give.		The '''Aboriginal Legal Aid in BC''' website from Legal Aid BC provides information and publications on issues important to Aboriginal people, and information about the help that legal aid and other groups can give.

	* [https://aboriginal.legalaid.bc.ca/ Visit website]		* [https://aboriginal.legalaid.bc.ca/ Visit website]

Drew Jackson: /* Child protection laws */

2023-11-07T23:08:14Z

Child protection laws

← Older revision		Revision as of 23:08, 7 November 2023
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	====Child protection laws====		====Child protection laws====
	The [http://canlii.ca/t/84dv ''Child, Family and Community Service Act''] deals with child protection on or off reserve. Some First Nations have their own child protection agencies with authority from the province. They are called ~~[https://www2.gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/reporting-monitoring/accountability/delegated-aboriginal-agencies~~ Delegated Aboriginal Agencies].		The [http://canlii.ca/t/84dv ''Child, Family and Community Service Act''] deals with child protection on or off reserve. Some First Nations have their own child protection agencies with authority from the province. They are called Delegated Aboriginal Agencies.

	====Best interests of the child====		====Best interests of the child====

Drew Jackson: /* First Nations Court */

2023-11-07T23:07:19Z

First Nations Court

← Older revision		Revision as of 23:07, 7 November 2023
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	====First Nations Court====		====First Nations Court====
	Aboriginal people in BC who plead guilty to a crime and accept responsibility for their actions can apply to have their bail and sentencing hearings in First Nations Court. This is a criminal sentencing court that uses restorative justice and traditional ways to reach balance and healing. There may be limitations on the types of cases heard in '''First Nations Court'''. First Nations Court sits in selected communities. They are usually held once a month at each location. The Provincial Court of BC website has information about [https://www.provincialcourt.bc.ca/about-the-court/specialized-courts#FirstNationsCourt First Nations ~~Court~~]~~. The Legal Services Society factsheet “[https://www.mylawbc.com/pubs/pub.php?pub=489 What’s First Nations Court?]” also has more information~~.		Aboriginal people in BC who plead guilty to a crime and accept responsibility for their actions can apply to have their bail and sentencing hearings in First Nations Court. This is a criminal sentencing court that uses restorative justice and traditional ways to reach balance and healing. There may be limitations on the types of cases heard in '''First Nations Court'''. First Nations Court sits in selected communities. They are usually held once a month at each location. The Provincial Court of BC website has information about [https://www.provincialcourt.bc.ca/about-the-court/specialized-courts#FirstNationsCourt First Nations Courts].

	===How family law applies to Aboriginal people===		===How family law applies to Aboriginal people===

Drew Jackson: /* Support for Aboriginal people in criminal matters */

2023-11-07T23:06:16Z

Support for Aboriginal people in criminal matters

← Older revision		Revision as of 23:06, 7 November 2023
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	====Support for Aboriginal people in criminal matters====		====Support for Aboriginal people in criminal matters====
	Some courthouses have a '''native courtworker''' who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure their lawyer knows about their ancestry, so they can ensure Gladue factors are raised before sentencing, such as in a Gladue report or Gladue submissions. Many communities have culturally appropriate restorative justice programs. Native courtworkers and lawyers should make best efforts to locate these programs to help their clients. See ~~the publications~~ [https://legalaid.bc.ca/~~publications/pub/your~~-~~gladue~~-~~rights ''Your Gladue Rights''] and [https://legalaid.bc.ca/publications/pub~~/gladue-rights~~-bail-and-sentencing-infographic-poster ''~~Gladue ~~Rights at Bail and Sentencing''~~] from ~~the~~ Legal ~~Services Society~~ for more information.		Some courthouses have a '''native courtworker''' who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure their lawyer knows about their ancestry, so they can ensure Gladue factors are raised before sentencing, such as in a Gladue report or Gladue submissions. Many communities have culturally appropriate restorative justice programs. Native courtworkers and lawyers should make best efforts to locate these programs to help their clients. See [https://aboriginal.legalaid.bc.ca/courts-criminal-cases/gladue-rights Gladue principles] from Legal Aid BC for more information.

	====First Nations Court====		====First Nations Court====

Elena Renderos at 05:35, 9 November 2020

2020-11-09T05:35:39Z

Show changes

Elena Renderos: Elena Renderos moved page Aboriginal Law (No. 237) to Aboriginal Law: Removing recording numbers from page names

2020-09-12T05:01:51Z

Elena Renderos moved page Aboriginal Law (No. 237) to Aboriginal Law: Removing recording numbers from page names

← Older revision	Revision as of 05:01, 12 September 2020
(No difference)

Drew Jackson at 17:30, 31 March 2019

2019-03-31T17:30:10Z

← Older revision		Revision as of 17:30, 31 March 2019
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	{{REVIEWEDPLS \| reviewer = Rhaea Bailey, Legal Services Society\|date= March 2018}} {{Dial-A-Law TOC\|expanded = rights}}		{{REVIEWEDPLS \| reviewer = Rhaea Bailey, Legal Services Society\|date= March 2018}} {{Dial-A-Law TOC\|expanded = rights}}
	The legal position of Aboriginal people in British Columbia involves an interplay of federal and provincial law, plus treaty and other rights. Learn the basics of Aboriginal law in BC.		The legal position of Aboriginal people in British Columbia involves an interplay of federal and provincial law, plus treaty and other rights. Learn the basics of '''Aboriginal law''' in BC.

	==Understand the legal framework==		==Understand the legal framework==
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	:Web: [http://www.bctreaty.ca bctreaty.ca]		:Web: [http://www.bctreaty.ca bctreaty.ca]


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Elena Renderos at 05:21, 29 March 2019

2019-03-29T05:21:14Z

← Older revision		Revision as of 05:21, 29 March 2019
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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = Rhaea Bailey, Legal Services Society\|date= March 2018}} {{Dial-A-Law TOC\|expanded = rights}}

	{{Dial-A-Law TOC\|expanded = rights}}
	The legal position of Aboriginal people in British Columbia involves an interplay of federal and provincial law, plus treaty and other rights. Learn the basics of Aboriginal law in BC.		The legal position of Aboriginal people in British Columbia involves an interplay of federal and provincial law, plus treaty and other rights. Learn the basics of Aboriginal law in BC.

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	The BC Supreme Court deals with the wills and estates of status Indians not “ordinarily resident” on reserve when they die, and with all non-status Indians and other Aboriginal people. The BC Public Guardian and Trustee is also sometimes involved with these cases.		The BC Supreme Court deals with the wills and estates of status Indians not “ordinarily resident” on reserve when they die, and with all non-status Indians and other Aboriginal people. The BC Public Guardian and Trustee is also sometimes involved with these cases.

	A will that is valid under the ''Indian Act'' may not be valid under BC provincial law because some parts, such as the requirement for a witness’s signature, may differ. So even a status Indian ordinarily resident on reserve should make sure a will meets the BC rules and the ''Indian Act''. Our information on [[~~Making~~ a Will and Estate Planning (~~Script~~ 176)\|preparing a will (no. 176)]] covers the requirements for a will. The Indigenous Services Canada estates program has more information. Call 604-775-5100 in Vancouver and 1-888-917-9977 elsewhere in BC.		A will that is valid under the ''Indian Act'' may not be valid under BC provincial law because some parts, such as the requirement for a witness’s signature, may differ. So even a status Indian ordinarily resident on reserve should make sure a will meets the BC rules and the ''Indian Act''. Our information on [[Preparing a Will and Estate Planning (No. 176)\|preparing a will (no. 176)]] covers the requirements for a will. The Indigenous Services Canada estates program has more information. Call 604-775-5100 in Vancouver and 1-888-917-9977 elsewhere in BC.

	The federal ''[http://canlii.ca/t/8rzj Family Homes on Reserves and Matrimonial Interests or Rights Act]'' also affects wills and estates on reserves. This area of law is complex, so if you are in this situation, get legal advice.		The federal ''[http://canlii.ca/t/8rzj Family Homes on Reserves and Matrimonial Interests or Rights Act]'' also affects wills and estates on reserves. This area of law is complex, so if you are in this situation, get legal advice.
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	====The Charter and the Constitution====		====The Charter and the Constitution====
	The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter of Rights ~~and Freedoms~~: Overview (~~Script~~ 230)\|the Charter (no. 230)]] for an overview of rights under the Charter.		The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter Rights: Overview (No. 230)\|the Charter (no. 230)]] for an overview of rights under the Charter.

	Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act, 1982]'' gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, there have been extensive developments in the case law on identifying and defining Aboriginal and treaty rights and how they fit with Canadian society. So far, Aboriginal rights relate mainly to the use of natural resources and Aboriginal governance.		Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act, 1982]'' gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, there have been extensive developments in the case law on identifying and defining Aboriginal and treaty rights and how they fit with Canadian society. So far, Aboriginal rights relate mainly to the use of natural resources and Aboriginal governance.
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	The ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]'' applies to the federal government and businesses that it regulates, such as airlines and banks. The Act applies to federal or band government decisions made under the ''Indian Act''. The [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] investigates complaints of discrimination and other violations of this law.		The ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]'' applies to the federal government and businesses that it regulates, such as airlines and banks. The Act applies to federal or band government decisions made under the ''Indian Act''. The [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] investigates complaints of discrimination and other violations of this law.

	The BC ''[http://canlii.ca/t/843q Human Rights Code]'' applies to the provincial government and businesses it regulates. It prohibits discrimination by schools, stores, restaurants, and rental properties. For more details, see our information on [[Human Rights and Discrimination Protection (~~Script~~ 236)\|human rights and discrimination protection (no. 236)]].		The BC ''[http://canlii.ca/t/843q Human Rights Code]'' applies to the provincial government and businesses it regulates. It prohibits discrimination by schools, stores, restaurants, and rental properties. For more details, see our information on [[Human Rights and Discrimination Protection (No. 236)\|human rights and discrimination protection (no. 236)]].

	Some Aboriginal people have relied on international human rights law to have their rights recognized, such as the ''[http://www.ohchr.org/EN/Library/Pages/UDHR.aspx Universal Declaration of Human Rights]''.		Some Aboriginal people have relied on international human rights law to have their rights recognized, such as the ''[http://www.ohchr.org/EN/Library/Pages/UDHR.aspx Universal Declaration of Human Rights]''.
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	:Web: [http://www.bctreaty.ca bctreaty.ca]		:Web: [http://www.bctreaty.ca bctreaty.ca]



	~~[updated March 2018]~~

	~~'''The above was last reviewed for legal accuracy by Rhaea Bailey, Legal Services Society.'''~~

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Drew Jackson: Drew Jackson moved page Aboriginal Law (Script 237) to Aboriginal Law (No. 237): align with new Dial-A-Law website

2019-03-22T01:03:15Z

Drew Jackson moved page Aboriginal Law (Script 237) to Aboriginal Law (No. 237): align with new Dial-A-Law website

← Older revision	Revision as of 01:03, 22 March 2019
(No difference)

Dial-A-Law: /* The Charter and the Constitution */

2019-03-03T23:22:23Z

The Charter and the Constitution

← Older revision		Revision as of 23:22, 3 March 2019
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	The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter of Rights and Freedoms: Overview (Script 230)\|the Charter (no. 230)]] for an overview of rights under the Charter.		The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter of Rights and Freedoms: Overview (Script 230)\|the Charter (no. 230)]] for an overview of rights under the Charter.

	Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act]''~~, 1982~~ gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, there have been extensive developments in the case law on identifying and defining Aboriginal and treaty rights and how they fit with Canadian society. So far, Aboriginal rights relate mainly to the use of natural resources and Aboriginal governance.		Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act, 1982]'' gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, there have been extensive developments in the case law on identifying and defining Aboriginal and treaty rights and how they fit with Canadian society. So far, Aboriginal rights relate mainly to the use of natural resources and Aboriginal governance.

	====Human rights law====		====Human rights law====