Canadian Aboriginal law

E582721

branch of Canadian law legal doctrine

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.

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All labels observed (2)

Label	Occurrences
Aboriginal title is a distinct kind of Aboriginal right protected by section 35 of the Constitution Act, 1982	1
Canadian Aboriginal law canonical	1

Statements (50)

Predicate	Object
instanceOf	branch of Canadian law ⓘ legal doctrine ⓘ
aimsTo	reconcile pre-existing Indigenous societies with Crown sovereignty ⓘ
appliesTo	First Nations NERFINISHED ⓘ Indigenous peoples in Canada ⓘ Inuit NERFINISHED ⓘ Métis NERFINISHED ⓘ
basedOn	Canadian Constitution NERFINISHED ⓘ common law ⓘ federal statutes ⓘ provincial statutes ⓘ
constitutionalProvision	section 25 of the Canadian Charter of Rights and Freedoms NERFINISHED ⓘ 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) NERFINISHED ⓘ Daniels v Canada (Indian Affairs and Northern Development) NERFINISHED ⓘ Delgamuukw v British Columbia NERFINISHED ⓘ Haida Nation v British Columbia (Minister of Forests) NERFINISHED ⓘ Mikisew Cree First Nation v Canada (Minister of Canadian Heritage) NERFINISHED ⓘ R v Marshall NERFINISHED ⓘ R v Sparrow NERFINISHED ⓘ R v Van der Peet NERFINISHED ⓘ Taku River Tlingit First Nation v British Columbia (Project Assessment Director) NERFINISHED ⓘ Tsilhqot’in Nation v British Columbia NERFINISHED ⓘ
language	English ⓘ French ⓘ
recognizes	existing Aboriginal and treaty rights ⓘ
relatedTo	Indian Act NERFINISHED ⓘ Numbered Treaties NERFINISHED ⓘ comprehensive land claim agreements ⓘ historic treaties ⓘ modern treaties ⓘ self-government agreements ⓘ

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 → Canadian Aboriginal law ⓘ

this entity surface form: Aboriginal title is a distinct kind of Aboriginal right protected by section 35 of the Constitution Act, 1982