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Difference between revisions of "Aboriginal Law"
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==How does criminal law apply to Aboriginal people?== | ==How does criminal law apply to Aboriginal people?== | ||
Canada’s Criminal Code applies to all Aboriginal people. It applies to offences by Indians, both on and off reserve. But the Criminal Code tells judges to consider all reasonable alternatives to imprisonment, with particular attention to Aboriginal offenders. This is Parliament’s response to the fact that Aboriginal people are overrepresented in Canadian prisons. They may often have experienced disproportionate social issues throughout their lives. Judges must consider what are called Gladue principles when they sentence an Aboriginal offender (named after a 1999 Supreme Court of Canada case). | Canada’s ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'' applies to all Aboriginal people. It applies to offences by Indians, both on and off reserve. But the ''Criminal Code'' tells judges to consider all reasonable alternatives to imprisonment, with particular attention to Aboriginal offenders. This is Parliament’s response to the fact that Aboriginal people are overrepresented in Canadian prisons. They may often have experienced disproportionate social issues throughout their lives. Judges must consider what are called Gladue principles when they sentence an Aboriginal offender (named after a 1999 Supreme Court of Canada case). | ||
Some courthouses have a Native Court worker who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure that their lawyer knows about their ancestry so they can tell the court before sentencing, normally, in the form of a Gladue Report. Many communities have Aboriginal restorative justice programs. Native Court workers and lawyers should check if these programs can help their clients. | Some courthouses have a Native Court worker who can help Aboriginal people understand the court process, find a lawyer, and apply for legal aid. Aboriginal people who are convicted of an offence should ensure that their lawyer knows about their ancestry so they can tell the court before sentencing, normally, in the form of a Gladue Report. Many communities have Aboriginal restorative justice programs. Native Court workers and lawyers should check if these programs can help their clients. | ||
==How does family law apply to Aboriginal people?== | ==How does family law apply to Aboriginal people?== | ||
Two BC laws – the Family Law Act and the Child, Family and Community Service | Two BC laws – the ''[http://bclaws.ca/civix/document/id/complete/statreg/11025_00 Family Law Act]'' and the ''[http://bclaws.ca/civix/document/id/complete/statreg/96046_01 Child, Family and Community Service Act]''—apply to Aboriginal families, including Indian families on and off reserve. But there are some important exceptions. | ||
The ''Family Law Act'' deals with parenting arrangements, child and spousal support, and division of matrimonial property after family breakdown. But the parts of this law dealing with matrimonial property do not apply on reserve lands. | The ''Family Law Act'' deals with parenting arrangements, child and spousal support, and division of matrimonial property after family breakdown. But the parts of this law dealing with matrimonial property do not apply on reserve lands. | ||
However, on December 16, 2013, the first part of a law called Family Homes on Reserves and Matrimonial Interests or Rights Act took effect. Under it, First Nation communities can make their own matrimonial real property laws. Other parts of the law take effect on December 16, 2014. If communities haven’t made their own laws by then, federal provisional rules will apply, until communities do so. Aboriginal Affairs and Northern Development Canada has more on this. So does the Centre of Excellence for Matrimonial Real Property (hosted by the National Aboriginal Lands Managers Association). | However, on December 16, 2013, the first part of a law called ''[http://www.parl.gc.ca/content/hoc/Bills/411/Government/S-2/S-2_4/S-2_4.PDF Family Homes on Reserves and Matrimonial Interests or Rights Act]'' took effect. Under it, First Nation communities can make their own matrimonial real property laws. Other parts of the law take effect on December 16, 2014. If communities haven’t made their own laws by then, federal provisional rules will apply, until communities do so. [https://www.aadnc-aandc.gc.ca/eng/1100100032553/1100100032557 Aboriginal Affairs and Northern Development Canada] has more on this. So does the [http://www.coemrp.ca/ Centre of Excellence for Matrimonial Real Property] (hosted by the National Aboriginal Lands Managers Association). | ||
Also, other rules may apply if an Indian band or First Nation has signed a modern treaty or has a matrimonial property regime under the ''First Nations Land Management Act''. | Also, other rules may apply if an Indian band or First Nation has signed a modern treaty or has a matrimonial property regime under the ''First Nations Land Management Act''. | ||
