SSCI 1010U Lecture Notes - Lecture 11: Constitution Act, 1982, Sui Generis, Indian Register
Document Summary
Know the basic background of aboriginal rights. Understand key components of the indian act. Explain three ways first nations make land claims. Aboriginal: refers to indigenous peoples: original inhabitants of north america. Aboriginal communities claim that they were sovereign nations. British crown asserted sovereignty over north america: disempowered and marginalized first nations, claimed it discovered vacant land. Right of aboriginal self-government does not exist at canadian law: constitution act, 1982, does not acknowledge. All matters concerning indians are : under federal jurisdiction. Section 91(24) of constitution act, 1867: sui generis (unique) Existing aboriginal rights protected by s. 35 of constitution act, 1982. Royal proclamation of 1763: indian nations as autonomous political entities, under protection of crown, attempted to define boundaries of the indian"s land, only crown, not settlers, could purchase indian land. British crown transferred large tracts of land to native peoples: subsequently appropriated this land. Issue of self-government important: first nations seek to protect unique identity and culture.
