LWSO 201 Lecture Notes - Canadian Indian Residential School System, Taco, Indian Agent
12 Mar 2013
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Document Summary
Aboriginal law: fundamental premises of aboriginal legal theories a) b, examples a) b) Aboriginal world views are not reflected in canadian law in general. Canadian law as applied to aboriginal people is based on patriarchal and colonial ideas of oppression. Aboriginal women who married out : statutory framework a) b) c) Constitution act 1867 - s. 91(24) indians and lands reserved for indians fall under federal legislative jurisdiction. Constitution act 1982 s. 35(1) existing aboriginal and treaty rights are recognized and affirmed: canadian law applied to aboriginal people a) b) c) d) Aboriginal rights: a practice, custom or tradition integral to the distinctive culture of the aboriginal group claiming the right - the right to participate in an activity that is part of the right. Aboriginal title: the right to the exclusive use and occupation of the land held pursuant to that title for a variety of purposes, which need not be aspects of those practices, customs, and traditions.
