Aboriginal and Indigenous Law

Article 35:

(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada.

(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this Act the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons..

Provision that states that the federal government has jurisdiction over “Indians and lands reserved for the Indians".

Article 25:

"The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement."

Guidelines for the government's relationship with Aboriginal people ; these are still relevant today. The Royal Proclamation describes the basis for the historical and modern day treaties.

In the Royal Proclamation of 1763, as the British Empire established control over North America, guidelines for the government's relationship with Aboriginal people were set. These are still relevant today. The Royal Proclamation describes the basis for the historical and modern day treaties.

Canadian Human Rights Act, s.67 - human rights redress under the CHRA for Aboriginal peoples.

First treaty in the country to explicitly extend section 35 protection to self-government rights as well as land rights in the same agreement.

Key self-government agreement.

A web-based, geographic information system that locates Indigenous communities and displays information relating to their potential or established Aboriginal or treaty rights

Learn about historic and modern treaties in Canada, treaty rights and the treaty relationship.

Guidelines for the government's relationship with Aboriginal people ; these are still relevant today. The Royal Proclamation describes the basis for the historical and modern day treaties.

This database provides access to documents, such as intervenor project submissions, publications, research reports and hearing transcripts that supported the writing of the report of the RCAP.