POLS 3300 Lecture Notes - Lecture 11: Constitution Act, 1982, Indian Act, Canadian Indian Residential School System
11 Apr 2018
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Document Summary
Legal and statutory framework: indigenous relations in canada. Along with treaties (which date back to the early 18th century), there are a number of legal frameworks that guide the relationship between different groups of indigenous peoples and the government. The federal government holds constitutional jurisdiction for policy related to indigenous peoples, primarily through the indian act (r. s. c. , 1985, c. i-5) and section 91 (24), constitution act, 1867. The indian act was first enacted in 1876 and has been subject to numerous amendments. This act refers to indigenous peoples who are registered with the federal department of indigenous and northern. Generally, those who have status are members of a band (a formal designation created by the federal government for indigenous government). A recent supreme court decision, daniels v. canada. [2016] 1 s. c. r 99, found that m tis and non-status indians are to (cid:271)e (cid:272)o(cid:374)sidered (cid:862)i(cid:374)dia(cid:374)s(cid:863) for the purpose of section 91(24) of the constitution act, 1867.
