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LWSO 203 (56)

LWSO203 - Aborinal Legal History.docx

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Law and Society
LWSO 203
Marywyatt Sindlinger

Historical Development of Canadian Law Aboriginal Influences 1) Aboriginal Political and Legal systems Political structures: varied across country Most had a stable method of governance and making decisions Legal structures: oral traditions and teachings Passing on standards of behaviour by storytelling and through ceremonial rituals Dispute settlement linked to governance methods and structure 2 key elements: i) focus on responsibility to each other, the group, the Creator as opposed to individual rights\ ii) collective property focused on stewardship rather than ownership 2) Aboriginal – Colonizer Relations First Agreements: Peace and Friendship treaties and Military alliances Nation to nation agreements Royal Proclamation 1763: All aboriginal lands not preciously transferred to Europeans are reserved for the exclusive use and possession of the Indians Indian lands can only be transferred to the Crown Historic Treaties: 11 Historic Treaties entered into between 1871-1921 Similar structures with some variations - Ceding lands in exchange for reserve lands - Guarantee of means of subsistence on surrendered lands - Freedom from taxation - Cash payments - Educational and medical assistance in some treaties Indian Act and assimilation: Pre-1867 assimilation policies Constitution Act 1867 – federal jurisdiction for Indians and Lands
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