LWSO 203 Lecture Notes - Sui Generis, Aboriginal Title, Indian Register
8 Apr 2013
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Aboriginal law: statutory framework, royal proclamation 1763, constitution act 1867 - s. 91(24) indians and lands reserved for indians fall under federal legislative jurisdiction. Anyone of indian descent or any woman married to someone of indian descent. Assimilation project: marrying in privileges: non indian women who marry an indian man are considered indian, as well as any progeny. Marrying out: an indian woman who marries a non-indian man lose their indian status, as well as any progeny. Women were responsible for educating children and relaying traditions so removing them from reserves helped assimilation, as well as integrating non-indian women into bands who brought their own beliefs and traditions into the culture. Women who married out and their children were given the right to apply for indian status. Indian status doesn"t mean band status and bands control membership, and many bands didn"t want to welcome in people who hadn"t been a part of the culture for years.
