Canadian Aboriginal law

E582721

Canadian Aboriginal law is the body of Canadian legal principles, court decisions, and statutes that governs the rights, title, and treaty relationships of Indigenous peoples with the Crown and the Canadian state.

All labels observed (2)

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf branch of Canadian law
legal doctrine
aimsTo reconcile pre-existing Indigenous societies with Crown sovereignty
appliesTo First Nations
Indigenous peoples in Canada
Inuit
Métis
basedOn Canadian Constitution
common law
federal statutes
provincial statutes
constitutionalProvision section 25 of the Canadian Charter of Rights and Freedoms
section 35 of the Constitution Act, 1982
country Canada
developedBy Supreme Court of Canada jurisprudence
federal legislation
provincial legislation
distinguishedFrom Canadian human rights law
Indigenous legal traditions
governs Aboriginal rights
Aboriginal title
Crown–Indigenous relations
treaty rights
includesDoctrine doctrine of Aboriginal title
duty to consult and accommodate
extinguishment of Aboriginal rights
fiduciary duty of the Crown
honour of the Crown
infringement and justification test
justification of infringements
treaty interpretation principles
keyCase Calder v British Columbia (Attorney General)
Daniels v Canada (Indian Affairs and Northern Development)
Delgamuukw v British Columbia
Haida Nation v British Columbia (Minister of Forests)
Mikisew Cree First Nation v Canada (Minister of Canadian Heritage)
R v Marshall
R v Sparrow
R v Van der Peet
linked to: R. v. Van der Peet

Taku River Tlingit First Nation v British Columbia (Project Assessment Director)
Tsilhqot’in Nation v British Columbia
language English
French
recognizes existing Aboriginal and treaty rights
relatedTo Indian Act
Numbered Treaties
comprehensive land claim agreements
historic treaties
modern treaties
self-government agreements

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Doctrine of Discovery influenced Canadian Aboriginal law
Delgamuukw v. British Columbia holding Aboriginal title is a distinct kind of Aboriginal right protected by section 35 of the Constitution Act, 1982
linked to: Canadian Aboriginal law