Difference between revisions of "Aboriginal Law"

Section 35 of the Constitution Act, 1982 is not in the Charter, but it gives constitutional protection to existing Aboriginal and treaty rights and to rights acquired through treaty and land claim negotiations. Since 1982, a lot of common law on identifying and defining aboriginal and treaty rights and how they fit with Canadian society has developed. These rights are site and fact-specific. They are protected from conflict with the rights and freedoms protected by the Charter (by section 25 of the Charter). To date, aboriginal rights are related mainly to the use of natural resources and aboriginal governance. Treaty rights are written into specific treaty documents.

The ''Canadian Human Rights Act'' applies to the federal government and businesses that it regulates, such as airlines and banks. The Canadian Human Rights Commission investigates complaints of discrimination and other violations of this law. Before the ''Canadian Human Rights Act'' was amended in 2008, it prevented challenges of federal or band government decisions made under the Indian Act. The 2008 amendments applied to the federal government immediately. First Nations had a 3-year transition period so the amendments applied to them as of 2011. Script 236 has more on human rights and discrimination.