Law 2101 Lecture Notes - Lecture 13: Constitution Act, 1867, 1982 European Figure Skating Championships
3 May 2018
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Monday, November 27, 2017
Law 2101 — Aboriginal Law
British North America Act 1867!
-The federal government is assigned exclusive jurisdiction over Indians and land
reserved for the Indians!
•S91(24)!
•Indians are separated from other inhabitants of the study!
-Section 35(1) Exisiting aboriginal and treaty rights are recognized and affirmed!
-Sectction 35(2) “Aborigiionals people of canada” includes the INdian, Inuit and Metis
peoples of canada!
-S25: The guarentee in this charter of certain rights and freedoms shall not be
construed so as to abrogate or derogate for any laborigiional treat or other right &
freedoms that pertain to th aboriginal peoples of Canada, including;!
•Any rights or freedoms that have been recognized by the Royal Proclamation of
1763 and !
•Any rights or freedoms that now exist bye way of land claims agreement or that
may be so acquired!
Fundamentail Fairness Questions!
-Why different legal rights for aboriginal people!
-Is this fair? Race based law?!
-What is the extent of Aboriginal rights!
-DO they override others legal rights (property and equality rights)!
-Why should the courts address decades or centuries old rights claims today?!
-Canadians see these as fundamental fairness!
Fairness questions from Indigenous perspective!
-By what legal right does canada exercise jurisdiction over indigentous peoples?!
•Particularly if indigentous peoples didnt sign to give up their rights for jurisdictions!
-Byh what legal right did settles obtain land in areas where no treaties ever signed?!
•No consent (Bulk of BC no treaties were signed) but non aboriginal occupy the
land now!
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Document Summary
The federal government is assigned exclusive jurisdiction over indians and land reserved for the indians: s91(24, indians are separated from other inhabitants of the study. Section 35(1) exisiting aboriginal and treaty rights are recognized and a rmed. Sectction 35(2) aborigiionals people of canada includes the indian, inuit and metis peoples of canada. 1763 and: any rights or freedoms that now exist bye way of land claims agreement or that may be so acquired. Why di erent legal rights for aboriginal people. What is the extent of aboriginal rights. Do they override others legal rights (property and equality rights) By what legal right does canada exercise jurisdiction over indigentous peoples: particularly if indigentous peoples didnt sign to give up their rights for jurisdictions. Byh what legal right did settles obtain land in areas where no treaties ever signed: no consent (bulk of bc no treaties were signed) but non aboriginal occupy the land now.
