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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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==Who is an Aboriginal Person and why does it matter?== | ==Who is an Aboriginal Person and why does it matter?== | ||
An Indian is a person registered as an Indian with the federal government under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]''. These people are called status Indians or registered Indians. Every Indian must apply for Indian status and show that they have a right to be registered based on factors in the Indian Act. It’s a complex process. | An Indian is a person registered as an Indian with the federal government under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]''. These people are called status Indians or registered Indians. Every Indian must apply for Indian status and show that they have a right to be registered based on factors in the ''Indian Act''. It’s a complex process. | ||
An amendment to the Canadian constitution in 1982 defined the Aboriginal peoples of Canada to include Indian, Inuit and Métis people. | An amendment to the Canadian constitution in 1982 defined the Aboriginal peoples of Canada to include Indian, Inuit and Métis people. | ||
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The primary legal relationship of Indian people is with the federal government. Lands held by the federal government for the use and benefit of Indian people are known as “reserves”. Status Indians may receive various rights and benefits for housing and tax exemptions when living on reserves. Other benefits, such as health and education, may be available both on and off reserve. | The primary legal relationship of Indian people is with the federal government. Lands held by the federal government for the use and benefit of Indian people are known as “reserves”. Status Indians may receive various rights and benefits for housing and tax exemptions when living on reserves. Other benefits, such as health and education, may be available both on and off reserve. | ||
The basic unit of Indian organization and government is the “band”, but Indian status does not necessarily include band membership. Band membership depends on who controls the band’s membership list: Aboriginal Affairs and Northern Development Canada or the band, but only the federal government can decide on status. The Nisga’a Lisims Government has its own citizenship laws. For more information about Indian status and band membership, check with Aboriginal Affairs and Northern Development Canada. | The basic unit of Indian organization and government is the “band”, but Indian status does not necessarily include band membership. Band membership depends on who controls the band’s membership list: Aboriginal Affairs and Northern Development Canada or the band, but only the federal government can decide on status. The Nisga’a Lisims Government has its own citizenship laws. For more information about Indian status and band membership, check with [http://www.ainc-inac.gc.ca/br/is/index-eng.asp Aboriginal Affairs and Northern Development Canada]. | ||
Many provincial laws do not apply to Indian people or reserve land; others apply through section 88 of the Indian Act. As well, some Indian people are parties to treaties and land claims agreements that set out rights and responsibilities that may operate independently of the Indian Act. In other words, the legal position of Indian people in British Columbia involves a complex interplay of federal and provincial law, as well as possible treaty and other rights. | Many provincial laws do not apply to Indian people or reserve land; others apply through section 88 of the ''Indian Act''. As well, some Indian people are parties to treaties and land claims agreements that set out rights and responsibilities that may operate independently of the ''Indian Act''. In other words, the legal position of Indian people in British Columbia involves a complex interplay of federal and provincial law, as well as possible treaty and other rights. | ||
The term “First Nation” has come into popular use as a term of respect for the position of Aboriginal people as the original inhabitants of Canada. But it has no consistent legal definition and its application is becoming uncertain because it is increasingly defined in various statutes. Generally, it applies to Indian bands or groups of bands and to Indian people. That’s how it is used in this script. | The term “First Nation” has come into popular use as a term of respect for the position of Aboriginal people as the original inhabitants of Canada. But it has no consistent legal definition and its application is becoming uncertain because it is increasingly defined in various statutes. Generally, it applies to Indian bands or groups of bands and to Indian people. That’s how it is used in this script. | ||
Inuit are the people of the arctic. Their primary legal relationship is with the federal government, similar to Indian people. But the Indian Act doesnot apply to Inuit people. Most Inuit people are now participants in modern treaty and land claims agreements that govern their unique interests. There are relatively few Inuit people in British Columbia and they are not covered further in this script. | Inuit are the people of the arctic. Their primary legal relationship is with the federal government, similar to Indian people. But the ''Indian Act'' doesnot apply to Inuit people. Most Inuit people are now participants in modern treaty and land claims agreements that govern their unique interests. There are relatively few Inuit people in British Columbia and they are not covered further in this script. | ||
The Metis are people of mixed aboriginal and non-aboriginal ancestry, but their precise legal definition is not certain. Section 35 of the Constitution Act, 1982 recognizes three groups of Aboriginal peoples—Indians, Métis and Inuit peoples. The Supreme Court of Canada, in a case called R v. Powley, outlined three broad factors to identify Métis rights-holders: | The Metis are people of mixed aboriginal and non-aboriginal ancestry, but their precise legal definition is not certain. 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. The [http://en.wikipedia.org/wiki/Supreme_Court_of_Canada Supreme Court of Canada], in a case called R v. Powley, outlined three broad factors to identify Métis rights-holders: | ||
*self-identification as a Métis individual; | |||
*ancestral connection to an historic Métis community; and | |||
*acceptance by a Métis community. | |||
But there is still a lot of uncertainty. | But there is still a lot of uncertainty. | ||
