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Difference between revisions of "Protections (Legal Information for Indigenous People)"
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Protections (Legal Information for Indigenous People) (view source)
Revision as of 01:20, 22 February 2023
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==Aboriginal | ==Aboriginal rights== | ||
Aboriginal rights are unique legal rights held only by Indigenous peoples. They are protected by section 35 of the Constitution, the highest law of Canada. Aboriginal rights protect activities and practices that are important to the distinctive cultures of Indigenous peoples - for e.g. fishing, hunting and Indigenous spiritual practices. Aboriginal rights are held by Indigenous communities and exercised by members of those communities. | Aboriginal rights are unique legal rights held only by Indigenous peoples. They are protected by section 35 of the Constitution, the highest law of Canada. Aboriginal rights protect activities and practices that are important to the distinctive cultures of Indigenous peoples - for e.g. fishing, hunting and Indigenous spiritual practices. Aboriginal rights are held by Indigenous communities and exercised by members of those communities. | ||
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Treaty rights are Aboriginal rights that have been written down and defined in a treaty. They are also constitutionally protected and can be used as a legal defense. | Treaty rights are Aboriginal rights that have been written down and defined in a treaty. They are also constitutionally protected and can be used as a legal defense. | ||
==Hunting and | ==Hunting and fishing== | ||
Indigenous people have rights to fish, hunt, trap and gather for sustenance and for ceremony within their traditional territories. | Indigenous people have rights to fish, hunt, trap and gather for sustenance and for ceremony within their traditional territories. | ||
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Métis harvester card and a letter of permission from the First Nation (if you’re harvesting in a First Nation’s territory). | Métis harvester card and a letter of permission from the First Nation (if you’re harvesting in a First Nation’s territory). | ||
===Charged with a | ===Charged with a harvesting offence?=== | ||
====You | ====You may have a defence based on your Indigenous rights==== | ||
Speak to a lawyer to decide your best course of action | Speak to a lawyer to decide your best course of action | ||
====If | ====If you cannot afford a lawyer==== | ||
* Legal Aid BC: Indigenous Harvesting rights cases may be covered (see page 5) | * Legal Aid BC: Indigenous Harvesting rights cases may be covered (see page 5) | ||
* Indigenous Community Legal Clinic: 1-888-684-7874 | * Indigenous Community Legal Clinic: 1-888-684-7874 | ||
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* Your community may be able join your defense and/or help pay for a lawyer if you do not qualify for Legal Aid | * Your community may be able join your defense and/or help pay for a lawyer if you do not qualify for Legal Aid | ||
==Human | ==Human rights== | ||
Human rights are protected in BC by the BC Human Rights Code. The Code prohibits discrimination based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age. | Human rights are protected in BC by the BC Human Rights Code. The Code prohibits discrimination based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age. | ||