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Difference between revisions of "Aboriginal Law"
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→Who is an Aboriginal Person and why does it matter?
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Section 35 of the ''[http://laws-lois.justice.gc.ca/eng/CONST/page-15.html#h-38 Constitution Act, 1982]'' recognizes three groups of Aboriginal peoples—'''Indians''', '''Métis''', and '''Inuit''' peoples. After the Daniels decision of the Supreme Court of Canada, “Indian” in section 91(24) of the ''Constitution Act, 1982'' refers to all Aboriginal (Indian, Métis and Inuit) peoples of Canada. Before Daniels, the word Indian meant only status Indians, not all Aboriginal peoples. | Section 35 of the ''[http://laws-lois.justice.gc.ca/eng/CONST/page-15.html#h-38 Constitution Act, 1982]'' recognizes three groups of Aboriginal peoples—'''Indians''', '''Métis''', and '''Inuit''' peoples. After the Daniels decision of the Supreme Court of Canada, “Indian” in section 91(24) of the ''Constitution Act, 1982'' refers to all Aboriginal (Indian, Métis and Inuit) peoples of Canada. Before Daniels, the word Indian meant only status Indians, not all Aboriginal peoples. | ||
'''Indians | '''Indians''' are people registered as '''Indians''' with the federal government under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]''. They are called '''status Indians''' or '''registered Indians'''. But apart from this law, Indian is no longer used to describe Aboriginal people. A person must apply for Indian status and show that they have a right to be registered based on the ''Indian Act''. It’s a complex process. | ||
Indians deal with both the federal and provincial governments, depending on the subject. For example, land and criminal law involve the federal government, while healthcare and family law involve the BC provincial government. Laws on tax and wills and estates involve both governments. | Indians deal with both the federal and provincial governments, depending on the subject. For example, land and criminal law involve the federal government, while healthcare and family law involve the BC provincial government. Laws on tax and wills and estates involve both governments. | ||
