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LWSO201 - Aboriginal Legal Theories_10.doc

3 Pages

Law and Society
Course Code
LWSO 201
Marywyatt Sindlinger

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Aboriginal Law 1) Fundamental Premises of Aboriginal Legal Theories a) Aboriginal world views are not reflected in Canadian law in general b) Canadian law as applied to Aboriginal people is based on patriarchal and colonial ideas of oppression 2) Examples a) Delgamuukw b) Aboriginal women who “married out” 3) Statutory Framework a) Royal Proclamation 1763 b) Constitution Act 1867 - s. 91(24) Indians and lands reserved for Indians fall under federal legislative jurisdiction c) Constitution Act 1982 – s. 35(1) Existing aboriginal and treaty rights are recognized and affirmed 4) Canadian Law applied to Aboriginal people a) Aboriginal rights: a practice, custom or tradition integral to the distinctive culture of the aboriginal group claiming the right - the right to participate in an activity that is part of the right b) Aboriginal Title: the right to the exclusive use and occupation of the land held pursuant to that title for a variety of purposes, which need not be aspects of those practices, customs, and traditions c) Treaty Rights: unique legal instruments entered into between the aboriginal peoples of Canada and the federal Crown which create positive rights for the adherent bands and impose restrictions on the use of lands on others d) Indian Act: i) Federal legislation under s. 91(24) of the Constitution Act 1867 ii) Key areas: Indian Status and Band Governance including Band membership Aboriginals • don't have dominion over animals , they are one of them • strong spiritual connection to the land • criminal offenders - seen as inhibited by bad spirits so they need HEALING • land isn't owned by anybody - it's shared • relational agreements • colonial country - Canada • 100% owned by the first nations - we exterminated them politely • conflict b/w settler views • most demonstrated by the Indian Act • assimilation (indian agen
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