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Difference between revisions of "Aboriginal Law"
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→The Charter and the Constitution
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The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter of Rights and Freedoms: Overview (Script 230)|the Charter (no. 230)]] for an overview of rights under the Charter. | The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. The Charter applies to laws and government actions, or the actions of agencies very closely connected to government, such as school boards and labour relations boards. The Charter normally applies to band councils and other Aboriginal governments, but not always. See our information on [[Charter of Rights and Freedoms: Overview (Script 230)|the Charter (no. 230)]] for an overview of rights under the Charter. | ||
Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act]'' | Section 35 of the ''[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec35_smooth Constitution Act, 1982]'' gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, there have been extensive developments in the case law on identifying and defining Aboriginal and treaty rights and how they fit with Canadian society. So far, Aboriginal rights relate mainly to the use of natural resources and Aboriginal governance. | ||
====Human rights law==== | ====Human rights law==== | ||
