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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?== | ||
'''Three groups'''—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'' | '''Three groups'''—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'' means all Aboriginal peoples of Canada (Indian, Métis and Inuit). Before ''Daniels'', it was uncertain if Indian meant only status Indians, and not all Aboriginal peoples. | ||
'''Indians'''—under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]'', the term '''Indian''' means a person registered with the federal government as a '''status Indian''' or '''registered Indian'''. But apart from this law, the word 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'''—under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]'', the term '''Indian''' means a person registered with the federal government as a '''status Indian''' or '''registered Indian'''. But apart from this law, the word 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. | ||