2,553
edits
Difference between revisions of "Aboriginal Law"
Jump to navigation
Jump to search
no edit summary
Drew Jackson (talk | contribs) m (Drew Jackson moved page Aboriginal Law (Script 237) to Aboriginal Law (No. 237): align with new Dial-A-Law website) |
|||
| Line 1: | Line 1: | ||
{{ | {{REVIEWEDPLS | reviewer = Rhaea Bailey, Legal Services Society|date= March 2018}} {{Dial-A-Law TOC|expanded = rights}} | ||
{{Dial-A-Law TOC|expanded = rights}} | |||
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. | 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. | ||
| Line 77: | Line 75: | ||
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 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. | ||
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 [[ | 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 [[Preparing a Will and Estate Planning (No. 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. | ||
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. | 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. | ||
| Line 84: | Line 82: | ||
====The Charter and the Constitution==== | ====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 | 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 Rights: Overview (No. 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, 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. | 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. | ||
| Line 91: | Line 89: | ||
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. | 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. | ||
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 ( | 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 (No. 236)|human rights and discrimination protection (no. 236)]]. | ||
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]''. | 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]''. | ||
| Line 109: | Line 107: | ||
:Web: [http://www.bctreaty.ca bctreaty.ca] | :Web: [http://www.bctreaty.ca bctreaty.ca] | ||
---- | ---- | ||
---- | ---- | ||
{{Dial-A-Law_Navbox|type=life}} | |||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||