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{{Dial-A-Law TOC|expanded = rights}}
{{Dial-A-Law TOC|expanded = rights}}
This script highlights key areas of law that apply to Aboriginal people in BC, but this is a complex and changing area of law. The script cannot explain it in detail. For more information, check the various sources listed in the script.
The legal position of Aboriginal people in British Columbia involves an interplay of federal and provincial law, plus treaty and other rights. Learn the basics of Aboriginal law in BC.


==Who is an Aboriginal Person and why does it matter?==
==Understand the legal framework==
'''Three groups'''—section 35 of the ''[http://laws-lois.justice.gc.ca/eng/CONST/page-15.html#h-38 Constitution Act, 1982]'' recognizes three groups of Aboriginal peoples—'''Indians''', '''Métis''', and '''Inuit''' peoples. After the Daniels decision of the Supreme Court of Canada, “Indian” in section 91(24) of the ''Constitution Act, 1982'' means all Aboriginal peoples of Canada (Indian, Métis and Inuit). Before ''Daniels'', it was uncertain if Indian meant only status Indians, and not all Aboriginal peoples.


'''Indians'''—under the ''[http://laws-lois.justice.gc.ca/eng/acts/I-5/ Indian Act]'', the term '''Indian''' means a person registered with the federal government as a '''status Indian''' or '''registered Indian'''. But apart from this law, the word Indian is no longer used to describe Aboriginal people. A person must apply for Indian status and show that they have a right to be registered based on the ''Indian Act''. It’s a complex process.  
===Who is an Aboriginal person and why this matters===
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 recognizes three groups of Aboriginal peoples — '''Indians''', '''Inuit''', and '''Métis''' peoples.  


'''Inuit''' are people of the arctic. They deal with both the federal government and provincial government, the same as Indians do, depending on the subject. But the ''Indian Act'' does not apply to Inuit. Most Inuit are now participants in modern treaty and land claims agreements that govern their unique interests. There are relatively few Inuit in BC and they are not covered further in this script.
====Indians====
Under the ''[http://canlii.ca/t/7vhk Indian Act]'', the term '''Indian''' means a person registered with the federal government as an Indian (a “status Indian”) or who is entitled to be registered as an Indian. A person must apply for Indian status and show they have a right to be registered based on the ''Indian Act''. (Apart from this law, the word Indian is no longer used to describe Aboriginal people.)


'''Métis''' are people of mixed aboriginal and non-aboriginal ancestry, but their precise legal definition is not certain. The Supreme Court of Canada, in a case called ''R v. Powley'', outlined three broad factors to identify Métis rights-holders:  
====Inuit====
*self-identification as a Métis person;
'''Inuit''' are Indigenous people of the Arctic. They deal with both the federal government and provincial government (as Indians do), depending on the subject. But the ''Indian Act'' does not apply to Inuit. Most Inuit are now participants in modern treaty and land claims agreements that govern their unique interests. There are relatively few Inuit in British Columbia, so this information does not cover the specific laws that apply to Inuit people.
*ancestral connection to an historic Métis community; and
 
====Métis====
'''Métis''' are people of mixed Aboriginal and non-Aboriginal ancestry. Their precise legal definition is not certain. The Supreme Court of Canada, in a case called ''R v. Powley'', outlined three broad factors to identify Métis rights-holders:
*self-identification as a Métis person,
*ancestral connection to an historic Métis community, and
*acceptance by a Métis community.
*acceptance by a Métis community.


The court said that Métis does not include all people with mixed Indian and European heritage. It refers to people with mixed heritage who have also developed their own customs, way of life, and recognizable group identity separate from their Indian or Inuit and European ancestors.
The court said that Métis does not include all people with mixed Indian and European heritage. It refers to people with mixed heritage who have also developed their own customs, way of life, and recognizable group identity separate from their Indian or Inuit and European ancestors.


'''Legal position of Aboriginal people in BC'''—Aboriginal people deal with both the federal and provincial governments, depending on the subject. For example, land and criminal law involve the federal government, while healthcare and family law involve the BC provincial government. Laws on tax and wills and estates involve both governments.  
===How the term “First Nations” fits in===
'''First Nations''' is a term for Indigenous people of Canada who are not Inuit or Métis. The term includes both status and non-status Indians.
 
Many First Nations are self-governing and control their own affairs. But if a First Nations community is still governed by the ''Indian Act'', it is called a '''band'''. Indian status does not necessarily include band membership. Band membership depends on who controls the band’s membership list: the federal government or the band. Only the federal government can decide on status.
 
===What is unique about the legal position of Aboriginal people in BC===
Aboriginal people deal with both the federal and provincial governments, depending on the subject. For example, land and criminal law involve the federal government, while health care and family law involve the BC provincial government. Laws on tax and wills and estates involve both governments.


Lands held by the federal government for the use and benefit of Indians are called '''reserves'''. Status Indians may receive rights and benefits for housing. They may also receive tax exemptions when working on reserves. Other benefits, such as health and education, may be available both on and off reserve.  
Lands held by the federal government for the use and benefit of Indians are called '''reserves'''. Status Indians may receive rights and benefits for housing. They may also receive tax exemptions when working on reserves. Other benefits, such as health and education, may be available both on reserve and off reserve.


Most provincial laws apply to Aboriginal people. Some provincial laws do not apply to Aboriginal people or reserve land; others apply through section 88 of the ''Indian Act''. As well, some Aboriginal people have signed treaties and land claims agreements that set out rights and responsibilities that may operate independently of the ''Indian Act''. In other words, the legal position of Aboriginal people in BC involves a complex interplay of federal and provincial law, plus treaty and other rights.
Most provincial laws apply to Aboriginal people. Some provincial laws do not apply to Aboriginal people or reserve land; others apply through section 88 of the ''Indian Act''. As well, some Aboriginal people have signed treaties and land claims agreements that set out rights and responsibilities that may operate independently of the ''Indian Act''. In other words, the legal position of Aboriginal people in BC involves a complex interplay of federal and provincial law, plus treaty and other rights.


'''First Nations'''—this is a term for Indigenous people of Canada (both status and non-status Indians) who are not Inuit or Metis. Many First Nations are self-governing and control their own affairs. But if a First Nations community is still governed by the ''Indian Act'', it is called a '''band'''. Indian status does not necessarily include band membership. Band membership depends on who controls the band’s membership list: Indigenous and Northern Affairs Canada or the band, but only the federal government can decide on status. The Nisga’a Lisims Government has its own citizenship laws. For more information about Indian status and band membership, see [http://www.aadnc-aandc.gc.ca/eng/1100100032374/1100100032378 Indigenous and Northern Affairs Canada].
===How criminal law applies to Aboriginal people===
Canada’s ''[http://canlii.ca/t/7vf2 Criminal Code]'' applies to all Aboriginal people. 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.


This [https://www.ictinc.ca/blog/indigenous-peoples-terminology-guidelines-for-usage website] has more on terms and definitions.
====Gladue rights====
Aboriginal people often experience disproportionate social problems 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). Gladue principles apply when an Aboriginal person’s freedom is at risk, including bail and sentencing hearings. Gladue principles also apply to sentencing in appeals, parole hearings, Mental Health Review Board hearings, dangerous and long-term offender hearings, and civil contempt decisions.


==How does criminal law apply to Aboriginal people?==
====Support for Aboriginal people in criminal matters====
Canada’s ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html Criminal Code]'' applies to all Aboriginal people. 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.  
Some courthouses have a '''native courtworker''' 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 their lawyer knows about their ancestry, so they can ensure Gladue factors are raised before sentencing, such as in a Gladue report or Gladue submissions. Many communities have culturally appropriate restorative justice programs. Native courtworkers and lawyers should make best efforts to locate these programs to help their clients. See the publications ''[http://www.legalaid.bc.ca/publications/pub.php?pub=488 Your Gladue Rights]'' and ''[http://www.legalaid.bc.ca/publications/pub.php?pub=487 Gladue Rights at Bail and Sentencing]'' from the Legal Services Society for more information.


Aboriginal people often experience disproportionate social problems 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). ''Gladue'' principles apply when an Aboriginal person’s freedom is at risk, including bail and sentencing hearings. ''Gladue'' principles also apply to sentencing in appeals, parole hearings, Mental Health Review Board hearings, dangerous and long-term offender hearings, and civil contempt decisions.
====First Nations Court====
Aboriginal people in BC who plead guilty to a crime and accept responsibility for their actions can apply to have their bail and sentencing hearings in '''First Nations Court'''. This is a criminal sentencing court that uses restorative justice and traditional ways to reach balance and healing. There may be limitations on the types of cases heard in First Nations Court. First Nations Court sits in selected communities. They are usually held once a month at each location. The Provincial Court of BC website has information about [http://www.provincialcourt.bc.ca/about-the-court/specialized-courts#FirstNationsCourt First Nations Court]. The Legal Services Society factsheet “[http://www.mylawbc.com/pubs/pub.php?pub=489 What’s First Nations Court?]” also has more information.


Some courthouses have a Native Courtworker 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 ensure ''Gladue'' factors are raised before sentencing, normally, in a Gladue Report or Gladue submissions. Many communities have culturally appropriate restorative justice programs. Native Courtworkers and lawyers should make best efforts to locate these programs to help their clients. See publications ''[http://www.legalaid.bc.ca/publications/pub.php?pub=488 Your Gladue Rights]'' and ''[http://www.legalaid.bc.ca/publications/pub.php?pub=487 Gladue Rights at Bail and Sentencing]'' from the Legal Services Society for more information.
===How family law applies to Aboriginal people===
Two BC laws dealing with families and children apply to Aboriginal families on reserve and off reserve. But there are some important exceptions.


Aboriginal people in BC who plead guilty to a crime and accept responsibility for their actions can apply to have their bail and sentencing hearings in First Nations Court. This is a criminal sentencing court that uses restorative justice and traditional ways to reach balance and healing. There may be limitations on the types of cases heard in First Nations Court. First Nations Court currently sits in Duncan, Kamloops, New Westminster, North Vancouver, and Prince George. They are usually held once a month at each location. The Provincial Court of British Columbia website has information about [http://www.provincialcourt.bc.ca/about-the-court/specialized-courts#FirstNationsCourt First Nations Court]. The Legal Services Society factsheet ''[http://www.provincialcourt.bc.ca/about-the-court/specialized-courts#FirstNationsCourt What’s First Nations Court?]'' also has more information.  
====Family breakdown====
The ''[http://canlii.ca/t/8q3k Family Law Act]'' deals with parenting arrangements, child and spousal support, and division of property after family breakdown. But the parts of this law dealing with real property do not apply on reserves. So there is a gap in the law dealing with the ownership and division of real property on reserves and what happens when a spousal relationship ends, or a spouse dies.


==How does family law apply to Aboriginal people?==
The federal ''[http://canlii.ca/t/8rzj Family Homes on Reserves and Matrimonial Interests or Rights Act]'', new in 2013, responds to this gap in two ways. First, it allows individual First Nations to make their own matrimonial real property laws. First Nations that have done this are listed on the [http://www.aadnc-aandc.gc.ca/eng/1408981855429/1408981949311 federal government website]. Second, the federal law has provisional (or temporary) rules that apply until First Nations make their own laws. If you live on reserve, and you need an order — especially an emergency order to protect yourself, your property, or your family — get legal advice.
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 on and off reserve. But there are some important exceptions.  


The ''[http://bclaws.ca/civix/document/id/complete/statreg/11025_00 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 real property do not apply on reserves. So there is a gap in the law dealing with the ownership, division, and possession of real property on reserves and what happens when a spousal relationship ends, or a spouse dies.
====Child protection laws====
The ''[http://canlii.ca/t/84dv 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].


The federal ''[http://laws-lois.justice.gc.ca/eng/acts/F-1.2/ Family Homes on Reserves and Matrimonial Interests or Rights Act]'' responds to this gap in two ways. First, as of December 16, 2013, it allowed individual First Nations to make their own matrimonial real property laws. First Nations that have done this are listed on the [http://www.aadnc-aandc.gc.ca/eng/1408981855429/1408981949311 Indigenous and Northern Affairs Canada website].  
====Best interests of the child====
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.


Second, as of December 16, 2014, the federal law has provisional (or temporary) rules that apply until First Nations make their own laws. The provisional rules allow for three types of orders: emergency protection orders (not available in BC now); exclusive occupation orders; and orders on the division, ownership, and transfer of the interests or rights in real property under sections 29 to 33 of the federal law. If you live on reserve, and you need an order—especially an emergency order to protect yourself, your property, or your family—get legal advice.  
===How tax law differs for status Indians===
Many people mistakenly think status Indians do not pay income tax, GST, or property tax. But most status Indians pay tax unless they are exempt under sections 87 and 90 of the ''Indian Act''. Under these sections, status Indians do not pay federal or provincial taxes on their personal and real property on a reserve. Personal property includes employment income earned on reserve. Income earned by Métis and Inuit is not eligible for this exemption. And income earned by status Indians off reserve is taxable.


[https://www.aadnc-aandc.gc.ca/eng/1100100032553/1100100032557 Indigenous and Northern Affairs Canada] has more on this topic. So does the [http://www.coemrp.ca/ Centre of Excellence for Matrimonial Real Property] (hosted by the [http://www.nalma.ca/ National Aboriginal Lands Managers Association]).
Canadian courts have developed a series of “'''connecting factors'''” that must link a status Indian’s employment and investment income to the reserve for the income to be tax exempt. Because of the high levels of unemployment on most Indian reserves, these tax benefits are not as significant as some people think.


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''.
Like other levels of government, Indian bands can make property tax bylaws for people and businesses on reserves, under section 83 of the ''Indian Act''. Some Indian bands have a First Nations’ Tax (FNT) instead of GST. It can apply to alcohol, fuel and tobacco sold on reserve.  


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.  
Finally, modern treaties and land claims agreements cover all aspects of taxation.


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.  
===How living on reserve affects wills and estates=== 
Indigenous Services Canada deals with the wills and estates of status Indians who are “'''ordinarily resident'''” on reserve when they die. The federal government department is responsible for several things. These include granting probate (deciding if a will is legally valid and then granting approval of it to the executor), appointing an administrator or executor to distribute the estate, and responding to anyone who challenges a will or complains about an administrator or executor.


==How does tax law differ for status Indians?==
The ''Indian Act'' has rules for transferring a person’s reserve property to heirs and beneficiaries. Indigenous Services Canada must approve all transfers of reserve property. A person who is not a member of the dead person’s band may not be able to inherit the person’s house or land on a reserve.
Many people mistakenly think that status Indians do not pay income tax, GST, or property tax. But most status Indians pay tax unless they are exempt under sections 87 and 90 of the ''Indian Act''. Under these sections, status Indians do not pay federal or provincial taxes on their personal and real property on a reserve. Personal property includes employment income earned on reserve. But income earned by Métis and Inuit is not eligible for this exemption. And income earned by status Indians off reserve is taxable.


Canadian courts have developed a series of “connecting factors” that must link a status Indian’s employment and investment income to the reserve for the income to be tax exempt. This “connecting factors test” is fact-specific and beyond the scope of this script. Because of the high levels of unemployment on most Indian reserves, these tax benefits are not as significant as some people think.
The BC Supreme Court deals with the wills and estates of status Indians not “ordinarily resident” on reserve when they die, and with all non-status Indians and other Aboriginal people. The BC Public Guardian and Trustee is also sometimes involved with these cases.


Like other levels of government, Indian bands can make property tax bylaws for people and businesses on reserves under section 83 of the ''Indian Act''. Some Indian bands have a First Nations’ Tax (FNT) instead of GST. It can apply to alcohol, fuel and tobacco sold on reserve. Finally, modern treaties and land claims agreements cover all aspects of taxation.
A will that is valid under the ''Indian Act'' may not be valid under BC provincial law because some parts, such as the requirement for a witness’s signature, may differ. So even a status Indian ordinarily resident on reserve should make sure a will meets the BC rules and the ''Indian Act''. Our information on [[Making a Will and Estate Planning (Script 176)|preparing a will (no. 176)]] covers the requirements for a will. The Indigenous Services Canada estates program has more information. Call 604-775-5100 in Vancouver and 1-888-917-9977 elsewhere in BC.


==How are wills and estates on reserve regulated?==
The federal ''[http://canlii.ca/t/8rzj Family Homes on Reserves and Matrimonial Interests or Rights Act]'' also affects wills and estates on reserves. This area of law is complex, so if you are in this situation, get legal advice.
Indigenous and Northern Affairs Canada deals with the wills and estates of status Indians who are “ordinarily resident” on reserve when they die. The Minister of Indigenous and Northern Affairs Canada is responsible for several things. These include granting probate (deciding if a will is legally valid and then granting approval of it to the executor), appointing an administrator or executor to distribute the estate, and responding to anyone who challenges a will or complains about an administrator or executor.


The ''Indian Act'' has rules for transferring a person’s reserve property to heirs and beneficiaries. The Minister of Indigenous and Northern Affairs Canada must approve all transfers of reserve property. A person who is not a member of the dead person’s band may not be able to inherit the person’s house or land on a reserve.
===Human rights and Aboriginal people in BC===


The BC Supreme Court deals with the wills and estates of status Indians not “ordinarily resident” on reserve when they die and with all non-status Indians and other Aboriginal people. The BC Public Guardian and Trustee is also sometimes involved with these cases.
====The Charter and the Constitution====
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.  


A will that is valid under the ''Indian Act'' may not be valid under BC provincial law because some parts, such as the requirement for a witness’s signature, may differ. So even a status Indian ordinarily resident on reserve should make sure a will meets the BC rules and the ''Indian Act''. Check the [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Wills-and-Estates scripts on Wills and Estates] (numbers [[Making a Will and Estate Planning (Script 176)|176]] to [[Power of Attorney and Representation Agreements (Script 180)|180]]) for more information. The Indigenous and Northern Affairs Canada estates program has more information (at 604.666.3931 in Vancouver and 1.888.917.9977 elsewhere in BC).
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.


The federal ''[http://laws-lois.justice.gc.ca/eng/acts/F-1.2/ Family Homes on Reserves and Matrimonial Interests or Rights Act]'' also affects wills and estates on reserves. This area of law is complex, so if you are in this situation, get legal advice.
====Human rights law====
The ''[http://canlii.ca/t/7vh5 Canadian Human Rights Act]'' applies to the federal government and businesses that it regulates, such as airlines and banks. The Act applies to federal or band government decisions made under the ''Indian Act''. The [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission] investigates complaints of discrimination and other violations of this law.  


==What laws apply to Aboriginal rights, treaty rights, and human rights of Aboriginal people in BC?==
The BC ''[http://canlii.ca/t/843q Human Rights Code]'' applies to the provincial government and businesses it regulates. It prohibits discrimination by schools, stores, restaurants, and rental properties. For more details, see our information on [[Human Rights and Discrimination Protection (Script 236)|human rights and discrimination protection (no. 236)]].


===The Canadian ''Charter of Rights and Freedoms''===
Some Aboriginal people have relied on international human rights law to have their rights recognized, such as the ''[http://www.ohchr.org/EN/Library/Pages/UDHR.aspx Universal Declaration of Human Rights]''.
The ''[http://laws-lois.justice.gc.ca/eng/Const/page-15.html Canadian Charter of Rights and Freedoms]'' applies to every person in Canada, including Aboriginal people. But it applies only 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. Scripts [[Charter of Rights and Freedoms: Legal Rights (Script 200)|200]], [[Charter of Rights and Freedoms: Overview (Script 230)|230]], and [[Charter of Rights and Freedoms: Equality Rights (Script 232)|232]] have more on the Charter.


[http://laws-lois.justice.gc.ca/eng/CONST/page-16.html#docCont 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). So far, aboriginal rights relate mainly to the use of natural resources and aboriginal governance. Treaty rights are written into specific treaty documents.
Deciding which human rights laws apply to cases involving Aboriginal people can be a complicated legal question. You should get legal advice about which laws apply to specific situations.


===Canadian ''Human Rights Act''===
==Get help==
The ''[http://laws-lois.justice.gc.ca/eng/acts/H-6/index.html Canadian Human Rights Act]'' applies to the federal government and businesses that it regulates, such as airlines and banks. The [http://www.chrc-ccdp.ca/ 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 [[Human Rights and Discrimination Protection (Script 236)|236]] has more on human rights and discrimination.


===British Columbia ''Human Rights Code''===
===With more information===
The BC ''[http://bclaws.ca/civix/document/id/complete/statreg/96210_01 Human Rights Code]'' is like the federal ''Human Rights Act'' but it applies to the provincial government and businesses it regulates. The ''Human Rights Code'' prohibits discrimination by schools, stores, restaurants, and rental properties. The [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] enforces the ''Code'' and has more information. As well, check script [[Human Rights and Discrimination Protection (Script 236)|236]] and the [http://www.bchrc.net/ BC Human Rights Clinic] operated by the [http://www.clasbc.net/ Community Legal Assistance Society].
'''Indigenous Services Canada''' is the federal government department supporting access to services for First Nations, Inuit and Métis.
:Web: [https://www.canada.ca/indigenous  canada.ca/indigenous]  


Deciding which human rights laws apply to cases involving Aboriginal people can be a complicated legal question. You should get legal advice about which laws apply to specific situations.
The '''Aboriginal Legal Aid in BC''' website from Legal Services Society provides information and [http://www.aboriginal.legalaid.bc.ca/pubs/ publications] on issues important to Aboriginal people, and information about the help that legal aid and other groups can give.
:Web: [https://aboriginal.legalaid.bc.ca aboriginal.legalaid.bc.ca]


===International Human Rights Law===
Confirm the status of individual First Nations in treaty negotiations with the '''BC Treaty Commission'''.
Some Aboriginal people have relied on international human rights law to have their rights recognized. The main laws that have helped Aboriginals in Canada are the ''United Nations [http://www.ohchr.org/EN/Library/Pages/UDHR.aspx Universal Declaration of Human Rights]'', the ''[http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx International Convention on the Elimination of All Forms of Racial Discrimination]'' and the ''[http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx International Covenant on Civil and Political Rights]''. They are available on the [http://www.ohchr.org/EN/pages/home.aspx website of the United Nations High Commissioner for Human Rights]. The Human Rights Committee at the United Nations deals with discrimination complaints under international law, but it has no authority to enforce these laws in Canada. Canada has not signed the United Nations Declaration on the Rights of Indigenous Peoples.
:Web: [http://www.bctreaty.ca bctreaty.ca]


==More information on Aboriginal law==
*Check the following websites:
**[http://www.bloorstreet.com/200block/lawoff.htm Public information on Aboriginal law issues] by Toronto lawyer, Bill Henderson.
**[http://www.cle.bc.ca/PracticePoints/ABOR/Aboriginallaw.html Practice Points]—papers on several topics from the Continuing Legal Education Society of BC.
*Confirm the status of individual First Nations in treaty negotiations with the [http://www.bctreaty.net/ BC Treaty Commission].
*[http://aboriginal.legalaid.bc.ca/ Aboriginal Legal Aid in BC website]—information and [http://www.aboriginal.legalaid.bc.ca/pubs/ publications] about issues important to Aboriginal people from the Legal Services Society, and information about the help that legal aid and other groups can give.




[updated March 2018]


[updated March 2018]
'''The above was last reviewed for legal accuracy by Rhaea Bailey, Legal Services Society.'''


'''The above was last reviewed for accuracy and edited by John Blois.'''
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