Canadian Aboriginal law is the body of

law of Canada The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous ...

that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from

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 right ...

: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. ''Aboriginal peoples'' as a

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 (" ...

is a specific

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 particu ...

used in legal documents, including the ''

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 t ...

'', and includes

First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...

Inuit Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territories ...

and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the

duty to consult and accommodate In Canada, the duty to consult and accommodate with Aboriginal peoples arises when the Crown contemplates actions or decisions that may affect Aboriginal or Treaty rights. This duty arises most often in the context of natural resource extraction suc ...

Sources

Aboriginal law

Aboriginal law is based on a variety of written and unwritten legal sources. The

Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...

is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the ''

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, 186 ...

'' gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". Under this power, that legislative body has enacted the '' Indian Act'', ''First Nations Land Management Act'', ''Indian Oil and Gas Act'', ''Department of Crown-Indigenous Relations and Northern Affairs Act'' and the ''Department of Indigenous Services Act.'' Part II of the ''

'', 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.

Indigenous law

refers to Indigenous peoples own legal systems. This includes the laws and legal processes developed by Indigenous groups to govern their relationships, manage their natural resources, and manage conflicts. Indigenous law is developed from a variety of sources and institutions which differ across legal traditions.

Indigenous self government

Treaties

Act

Aboriginal land title in Canada

References

Bibliography

* * * * * * * *

External links

A Brief Introduction to Aboriginal Law in Canada
(Bill Henderson Barrister & Solicitor)
A Guide to Canadian Indigenous Law
(Jack Woodward, Q.C. Lawyer and Author)
The Native Law Centre of Canada
(University of Saskatchewan) Canadian Aboriginal and indigenous law Indigenous politics in Canada Indigenous law {{Canada-law-stub