POLI 222 Lecture Notes - Lecture 5: Indian Act, Ian Binnie, Concurrent Jurisdiction

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Aboriginal shows up under s. 35 of constitution act 1982. The court has interpreted that word to mean aboriginal. To be an indian is to be a specific person under the law. Called a challenge because first nations have a different view of what canada is. Citizenship (canada has power to make rules applying to all ppls within canadian territory, not just citizens) A citizenry: way of defining members of a distinct political community. You will have the citizenship that your parents have. If you move somewhere else your child still have canadian citizenship. You are not truly sovereign as a political community unless you define who you are. A package of rights (what rights do citizens/non-citizens have?) We don"t go so far as to say non-citizens have no rights. Fundamental questions that citizenship raises when addressing indigenous politics: Does canada have the authority to extend its citizenship for those who don"t identify with.

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