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Difference between revisions of "Aboriginal Law"
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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''. | ||
The ''[http://bclaws.ca/civix/document/id/complete/statreg/96046_01 Child, Family and Community Service Act]'' deals with child protection on or off reserve. Some First Nations have their own child protection agencies with authority from the province. They are called [https://www2.gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/reporting-monitoring/accountability/delegated-aboriginal-agencies Delegated Aboriginal Agencies]. Those agencies and the province negotiate | The ''[http://bclaws.ca/civix/document/id/complete/statreg/96046_01 Child, Family and Community Service Act]'' deals with child protection on or off reserve. Some First Nations have their own child protection agencies with authority from the province. They are called [https://www2.gov.bc.ca/gov/content/family-social-supports/data-monitoring-quality-assurance/reporting-monitoring/accountability/delegated-aboriginal-agencies Delegated Aboriginal Agencies]. Those agencies and the province negotiate what each agency is responsible for. Plus, the BC Director of Child Welfare decides how much responsibility to delegate to each agency. | ||
The key principles guiding all family laws are the best interests of the child plus protection and safety of the child. To decide on an Aboriginal child’s best interests and safety, courts look at the child’s community; extended family; and culture, heritage, and tradition. They consider those factors in trying to preserve the cultural identity of Aboriginal children. | The key principles guiding all family laws are the best interests of the child plus protection and safety of the child. To decide on an Aboriginal child’s best interests and safety, courts look at the child’s community; extended family; and culture, heritage, and tradition. They consider those factors in trying to preserve the cultural identity of Aboriginal children. | ||
