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Canadian Indigenous Law
Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Canadian aboriginal law is different from Indigenous Law. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canada original territories of over 900 different Indigenous groups, each using different Indigenous legal traditions. Cree, Blackfoot, Mi'kmaq and numerous other First Nations; Inuit; and Métis will apply their own legal traditions in daily life, creating contracts, working with governmental and corporate entities, ecological management and criminal proceedings and family law. Most maintain their laws through traditional governance alongside the elected officials and federal laws. The legal precedents set millennia ago are known through stories and derived from the actions and past responses as well as through continuous interpretation by elders and law-keepers—the same process by which nearly all l ...
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John Borrows
John Borrows (or Kegedonce in Anishinaabe) is a Canadian academic and jurist. He is a full professor of law at the University of Victoria Faculty of Law, where he holds the Canada Research Chair in Indigenous Law. He is known as a leading authority on Canadian Indigenous law and constitutional law and has been cited by the Supreme Court of Canada. Early life and education Borrows is Anishinaabe/Ojibway, and a member of the Chippewas of the Nawash First Nation in Ontario, Canada. Borrows grew up near the Cape Croker reserve on Georgian Bay in Ontario. Borrows's mother ran away in order to escape being sent to a residential school. Borrows credits her with teaching him about Indigenous laws while he grew up on the land that his family farmed. Borrows's uncle was a former chief, a great-grandfather was a long-serving councillor, and his great-great-grandfather was one of the signatories to a land treaty with the Crown. Borrows received a Bachelor of Arts and a Master of Arts ...
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Haudenosaunee
The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian Peoples, Iroquoian-speaking Confederation#Indigenous confederations in North America, confederacy of First Nations in Canada, First Nations peoples in northeast North America/Turtle Island (Native American folklore), Turtle Island. They were known during the Colonial history of the United States, colonial years to the French as the Iroquois League, and later as the Iroquois Confederacy. The English people, English called them the Five Nations, comprising the Mohawk people, Mohawk, Oneida people, Oneida, Onondaga people, Onondaga, Cayuga people, Cayuga, and Seneca people, Seneca (listed geographically from east to west). After 1722, the Iroquoian-speaking Tuscarora people from the southeast were accepted into the confederacy, which became known as the Six Nations. The Confederacy came about as a result of the Great Law of Peace, said to have been composed by The Great Peacem ...
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Nanabozho
In Anishinaabe ''aadizookaan'' (traditional storytelling), particularly among the Ojibwe, Nanabozho (in syllabics: , ), also known as Nanabush, is a spirit, and figures prominently in their storytelling, including the story of the world's creation. Nanabozho is the Ojibwe trickster figure and culture hero (these two archetypes are often combined into a single figure in First Nations mythologies, among others). Nanabozho is a trickster figure in many First Nation storytellings. While the use of Nanabush through storytelling can be for entertainment, it is often used as a way to pass down information and general life lessons. Nanabozho can take the shape of male or female animals or humans in storytelling. Most commonly they are an animal such as a raven or coyote which lives near the tribe and which are cunning enough to make capture difficult. The Nanabozho spirit Nanabozho is a trickster figure in many First Nation storytellings. While the use of Nanabush through storytelli ...
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Anishinaabe
The Anishinaabeg (adjectival: Anishinaabe) are a group of culturally related Indigenous peoples present in the Great Lakes region of Canada and the United States. They include the Ojibwe (including Saulteaux and Oji-Cree), Odawa, Potawatomi, Mississaugas, Nipissing and Algonquin peoples. The Anishinaabe speak ''Anishinaabemowin'', or Anishinaabe languages that belong to the Algonquian language family. At the time of first contact with Europeans they lived in the Northeast Woodlands and Subarctic, and some have since spread to the Great Plains. The word Anishinaabe translates to "people from whence lowered". Another definition refers to "the good humans", meaning those who are on the right road or path given to them by the Creator Gitche Manitou, or Great Spirit. Basil Johnston, an Ojibwe historian, linguist, and author wrote that the term's literal translation is "Beings Made Out of Nothing" or "Spontaneous Beings". The Anishinaabe believe that their people were created ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sche ...
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Term Of Art
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroup can have jargon. The main trait that distinguishes jargon from the rest of a language is special vocabulary—including some words specific to it and often different senses or meanings of words, that outgroups would tend to take in another sense—therefore misunderstanding that communication attempt. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and ''argot'' are not consistently differentiated in the literature; different authors interpret these concepts in varying ways. According to one definition, j ...
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Collective Noun
In linguistics, a collective noun is a word referring to a collection of things taken as a whole. Most collective nouns in everyday speech are not specific to one kind of thing. For example, the collective noun "group" can be applied to people ("a group of people"), or dogs ("a group of dogs"), or objects ("a group of stones"). Some collective nouns are specific to one kind of thing, especially terms of venery, which identify groups of specific animals. For example, "pride" as a term of venery always refers to lions, never to dogs or cows. Other examples come from popular culture such as a group of owls, which is called a "parliament". Different forms of English handle verb agreement with collective count nouns differently. For example, users of British English generally accept that collective nouns take either singular or plural verb forms depending on context and the metonymic shift that it implies. Derivation Morphological derivation accounts for many collective words and ...
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Numbered Treaties
The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which include modern-day Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Northwest Territories. These treaties expanded the Dominion of Canada with large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty. These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the d ...
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Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002. The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original ''Indian Act'' defines two elements that affect all Indigenous Canadians: :It says how reserves and bands can operate. The act sets out rules for governing Indian reser ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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Aboriginal Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and '' Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indian Clovis, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in Canada includes a long history of permanent settlements, agricu ...
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Anishinaabe Clan System
The Anishinaabe, like most Algonquian-speaking groups in North America, base their system of kinship on patrilineal clans or totems. The Ojibwe word for clan () was borrowed into English as totem. The clans, based mainly on animals, were instrumental in traditional occupations, intertribal relations, and marriages. Today, the clan remains an important part of Anishinaabe identity. Tradition The Anishinaabe peoples are divided into a number of , or clans, (singular: ) named mainly for animal totems (or , as an Ojibwe person would say this word in English). In Anishinaabemowin, means heart. or clan literally would translate as 'the expression of, or having to do with one's heart'; in other words refers to the extended family. According to oral tradition, the Anishinaabe were living along the Atlantic Ocean coast and the great beings appeared out the sea and taught the Mide way of life to the Waabanakiing peoples, six of the seven great beings that remained to teach ...
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