Law 2101 Lecture Notes - Lecture 9: Two Row Wampum Treaty, Constitution Act, 1982, Indian Act

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11 Nov 2016
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Paul Dimovski
Law 2101
Aboriginal Law
Fundamental Questions
Why diffeet legal ights fo aoigial people?
Is this fair? Race-based law?
What is the extent of Aboriginal rights?
Do they oeide othes legal ights popety ad euality ights, e.g.?
Why should the courts address decades or centuries old rights claims today?
Fairness Questions from Indigenous Perspective
By what legal right does Canada exercise jurisdiction over indigenous peoples?
By what legal right did settlers obtain land in areas where no treaties ever signed?
Where treaties were signed, has Crown fulfilled their spirit and intent?
Is the current sharing of resources just?
Are aboriginal rights processes fair and timely?
The Different Legal Status of First Nations People in Canada
Aoigial peoples ae % of Caadas populatio ad isig: . illio i 
Among these, some 315, 000 live on reserves
Legal handicaps imposed by federal government:
o Ability to get a mortgage or other bank loan?
Bank will say No (Canada law says a mortgage is not enforceable on an
Indian Reserve)
o Autonomy to write last will and testament?
o Freedom to sell house to any buyer?
Cant sell to people outside the reserve
o Opportunity to encourage businesses to locate on reserve?
All restricted by The Indian Act, RSC 1985
Every will created by a Native Reserve Patron will go through government officials in
Ottawa. If the Will does not correspond with the Reserve than the Will will be
destroyed.
Only way to surrender the land is to give it to the federal government or pass it onto
within the Indian reserve
Business coming onto the reserve
o People in Ottawa must approve every lease arrangement
o Laws on the land on a reserve were based in the 1800s
Aboriginal Life Chances Today
6 times the change of being incarcerated in a federal prison (2013)
Suicide rate for Aboriginal boys- 5 times as high, for girls 7 times as high
Life expectancy 5 years less for Aboriginal women, 6 years less for men
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