- Canadian Aboriginal law
Canadian Aboriginal law is the body of
Canadian lawthat concerns a variety of issues related to aboriginal peoples in Canada. Aboriginal law provides certain rights to land and traditional practices. It enforces and interprets certain treaties between the government and Aboriginal people, and manages much of their interaction.
Sources of law
Aboriginal law is based on a variety of sources. Section 91(24) of the "
Constitution Act, 1867" gives the federal government exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians." Under this power the federal government has enacted the " Indian Act", "First Nations Land Management Act", "Indian Oil and Gas Act", and the "Department of Indian Affairs and Northern Development Act". Part II of the " Constitution Act, 1982" recognizes Aboriginal treaty and land rights, with section 35 being particularly important. Section 35's recognition of Aboriginal rights refers to an ancient source of Aboriginal rights in custom.
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