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R. V. Gonzales
''R. v. Gonzales'' (1962), 37 C.R. 56, was a landmark decision by the British Columbia Court of Appeal holding that Section 94(a) of the '' Indian Act'' did not violate the respondent's equality before the law, guaranteed under section 1(b) of the '' Canadian Bill of Rights'', because all Indians were treated in the same way. ''Gonzales'' is particularly famous for employing the similarly situated test, which was not used in ''R. v. Drybones'' and was explicitly rejected by the Supreme Court of Canada in ''Andrews v. Law Society of British Columbia''. See also *''R. v. Drybones'' *''Andrews v. Law Society of British Columbia'' *The Canadian Crown and First Nations, Inuit and Métis * Canadian Aboriginal case law *Numbered Treaties * Indian Act *Section Thirty-five of the Constitution Act, 1982 *Indian Health Transfer Policy (Canada) The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia Court Of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. The BCCA consists of 15 justices (including a Chief Justice) in addition to 9 supernumerary justices. All justices of the BCCA (including the position of C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Bill Of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.Joseph E. Magnet''Constitutional Law of Canada'', 8th ed., Part VI, Chapter 1 Juriliber, Edmonton (2001). URL accessed on March 18, 2006. The ''Canadian Bill of Rights'' remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the ''Canadian Charter of Rights and Freedoms'' was established as an unambiguously-constitutional-level Bill of Rights for all Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrews V
Andrews may refer to: Places Australia *Andrews, Queensland *Andrews, South Australia United States *Andrews, Florida (other), various places *Andrews, Indiana *Andrews, Nebraska *Andrews, North Carolina *Andrews, Oregon *Andrews, South Carolina *Andrews, Texas *Andrews County, Texas *Andrews Air Force Base near Washington, D.C., home of Air Force One *Andrews University (Michigan) Philippines *Andrews Avenue, a major thoroughfare in Metro Manila, Philippines Other *Andrews (surname) *''Andrews v Law Society of British Columbia'', a 1989 Supreme Court of Canada case on constitutional equality guarantees *''Joseph Andrews'', a novel by Henry Fielding *''An Apology for the Life of Mrs. Shamela Andrews'', a parody novel *Andrews, a bus company in Sheffield, South Yorkshire, England, that merged with Yorkshire Traction *Andrews Osborne Academy, a private school in Willoughby, Ohio *Henry Cranke Andrews (fl. 1794 – 1830), English botanist (standard author abbreviation Andr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Canadian Crown And First Nations, Inuit And Métis
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law and overseen by the Minister of Indigenous and Northern Affairs. Relations The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
:Category:Canadian Aboriginal Case Law
Case law involving Canadian Aboriginal law. {{Canadian Aboriginal case law, state=expanded Case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ... Aboriginal case law Indigenous case law History of Indigenous peoples in Canada Indigenous rights in Canada Land case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Thirty-five Of The Constitution Act, 1982
Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Rights and Freedoms''. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35. Text The provision provides that: Aboriginal rights In 1982, when section 35 was entrenched into the Canadian Constitution, Delbert Riley — who was then the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Health Transfer Policy (Canada)
The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health program responsibilities at a pace determined by their individual circumstances and health management capabilities. Background To put health transfer in context, it is useful to understand from a historical perspective how First Nations, Inuit, Métis and the Canadian federal government through Indian and Northern Affairs have worked together to respond to Indigenous peoples expressed desire to manage and control their own health programs. 1969 White Paper The White Paper was a federal government policy paper which proposed to remove the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Aboriginal Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
