Legislation and Legal Issues

1982 – Act – Constitution Act

This site provides the complete text of the Constitution Act of 1982 (see Article 35 for information on the rights of the Aboriginal peoples of Canada).

Source: Government of Canada; Justice Canada, Department of

1985 – Act – Department of Indian Affairs and Northern Development Act (R.S., c. I-6)

Provides the full text of the 1985 Department of Indian Affairs and Northern Development Act.

Source: Government of Canada; Justice Canada, Department of

1985 – Act – Indian Act (R.S., c. I-5)

This page presents the Indian Act of 1985, and includes several documents describing its purpose and consequences.

Source: Government of Canada; Justice Canada, Department of

1985 – Act – Indian Oil and Gas Act (c. I-7)

This page provides the full text of the Indian Oil and Gas Act of 1985 with regards to the managements of oil and gas in Aboriginal lands.

Source: Government of Canada; Justice Canada, Department of

1985 – Act – Northern Pipeline Act (R.S., c. N-26)

This page presents the Northern Pipeline Act of 1985, and includes several documents describing its purpose and consequences.

Source: Government of Canada; Justice Canada, Department of

1991 – Act – Canadian Polar Commission Act (c. 6)

This page presents the Canadian Polar Commission Act of 1991, with several documents describing its purpose and consequences.

Source: Government of Canada; Justice Canada, Department of

1999 – Act – First Nations Land Management Act (c. 24)

Offers the full text of the First Nations Land Management Act, which provides for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management.

Source: Government of Canada; Justice Canada, Department of

2003 – Act – First Nations Goods and Services Tax Act (c. 15, s. 67)

This page presents the 2003 First Nations Goods and Services Tax Act, including several documents describing its purpose and consequences.

Source: Government of Canada; Justice Canada, Department of

2003 – Act – Specific Claims Resolution Act (c. 23)

This site provides the complete text of the Specific Claims Resolution Act (c. 23).

Source: Government of Canada; Justice Canada, Department of

2005 – Act – First Nations Commercial and Industrial Development Act (c. 53)

Provides the complete text of the 2005 First Nations Commercial and Industrial Development Act.

Source: Government of Canada; Justice Canada, Department of

2005 – Act – First Nations Fiscal and Statistical Management Act (c. 9)

This enactment strengthens first nations' real property tax regimes and creates a first nation bond financing regime, and creates four institutions to support these regimes, to promote first nations' economic development and to strengthen first nations' statistical capacity.

Source: Government of Canada; Justice Canada, Department of

2005 – Act – First Nations Oil and Gas and Moneys Management Act (c. 48)

This page presents the First Nations Oil and Gas and Moneys Management Act, introduced in 2005, and includes several documents describing its purpose and consequences.

Source: Government of Canada; Justice Canada, Department of

Aboriginal Communal Fishing Licences Regulations

This page provides the Regulations Respecting Fishing Carried on in Accordance with Aboriginal Communal Fishing Licenses.

Source: Canadian Legal Information Institute

Aboriginal Employment Preferences Policy – Legislation and Policies

It is not a discriminatory practice for an employer to give preferential treatment to Aboriginal persons in hiring, promotion or other aspects of employment, when the primary purpose of the employer is to serve the needs of Aboriginal people.

Source: Government of Canada; Canadian Human Rights Commission (CHRC)

Aboriginal Fishing Rights: Supreme Court Decisions

The following is a summary of the cases mentioned above, as well as the rulings of the Supreme Court of Canada in Lewis(5) and Nikal,(6) which examined "on reserve" fishing issues

Source: Government of Canada; Parliament of Canada

Aboriginal Peoples of Canada Adaptations Regulations (Firearms)

This page contains the Aboriginal Peoples of Canada Adaptations Regulations regarding the possession of and the right to bear firearms.

Source: Canadian Legal Information Institute

Aboriginal Self–Government

Discusses how the Aboriginal self-government has become a prominent issue in Canada over the past several decades, and what development has emerged over the years in terms of arrangements, agreements and approaches.

Source: Government of Canada; Parliament of Canada

Acts Administered by the Department of Aboriginal Affairs and Northern Development Canada

Series of statutes which the Department of Aboriginal Affairs and Northern Development Canada administers, in whole or in part.

Source: Government of Canada; Aboriginal Affairs and Northern Development Canada (AANDC)

Bill C–7: The First Nations Governance Act

Electronic version of Bill C-7 that died on the Order Paper with the prorogation of Parliament on 12 November 2003. This Bill hence never replaced the Indian Act.

Source: Government of Canada; Parliament of Canada

Bills

This page describes the two main types of bills, lists the stages before a bill becomes law and summarizes C-6 and C-8.

Source: Government of Canada; Aboriginal Affairs and Northern Development Canada (AANDC)

History of McIvor v. Canada

The Court of Appeal for British Columbia ruled on April 6, 2009, that the Indian Act discriminates between men and women with respect to registration as an Indian.

Source: Government of Canada; Aboriginal Affairs and Northern Development Canada (AANDC)

Indian Residential Schools Settlement – Official Court Website

This Official Court website contains various documents related to the residential schools settlement, including Court-ordered notices, the Settlement Agreement and Claim Forms.

Law Reports – Native Law Centre of Canada

This page offers different fee based ways (books, CD-ROM) to access law judgments, court cases, court decisions, etc.

Source: University of Saskatchewan

Legislative Materials – Native Law Centre of Canada

This page offers different fee based Legislative Materials.

Source: University of Saskatchewan

Métis Nation Constitutional Reform Portal

Source: Métis Nation Gateway

Métis Nation Rights Portal

Source: Métis Nation Gateway

Métis Rights Management – The Powley Decision

This page presents some frequently asked questions on the Supreme Court of Canada's Powley Decision, which affirmed the Aboriginal rights of Métis people to hunt for food.

Source: Government of Canada; Aboriginal Affairs and Northern Development Canada (AANDC)

National Aboriginal Document Database

The information found here can be used for research projects such as documenting land claims, or for studying independent Statutes and Acts, Treaties and Court Decisions, etc.

Source: Canada's Digital Collections (CDC)

Onsite Links to Legal and Case Law Information

The legal and case law information on the site is organized via the following links.

Source: Congress of Aboriginal Peoples (CAP)

Powley Case, The

This page offers an brief introduction to the Powley Case which ended on September 19, 2003.

Source: Métis Nation of Ontario

Regulations

This page from AANDC offers links to regulations currently in force and to a listing of planned regulatory initiatives.

Source: Government of Canada; Aboriginal Affairs and Northern Development Canada (AANDC)

Report of the CAP Corbière Commission

Electronic version of the Congress Of Aboriginal Peoples Report Of The Corbière Commission.

Source: Congress of Aboriginal Peoples (CAP)

Selected Concerns of Aboriginal People – Report 21

This paper discusses a variety of Aboriginal concerns with the current regime pertaining to the disclosure of records within the control of government.

Source: Government of Canada; Access to Information Review Task Force

The Crown's Fiduciary Relationship with Aboriginal Peoples

This page is intended to provide a brief introduction to the complex and evolving “fiduciary” relationship between the Crown and Canada’s Aboriginal peoples.

Source: Government of Canada; Depository Services Program

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