Related Research Articles
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
The Indian Act is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002.
The Assembly of First Nations is an assembly of Canadian First Nations represented by their chiefs. Established in 1982 and modelled on the United Nations General Assembly, it emerged from the National Indian Brotherhood, which dissolved in the late 1970s.
The Métis are an Indigenous people whose historical homelands include Canada's three Prairie Provinces. They have a shared history and culture, deriving from specific mixed European and Indigenous ancestry, which became distinct through ethnogenesis by the mid-18th century, during the early years of the North American fur trade.
R v Sparrow, [1990] 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, in existence in 1982 are protected under the Constitution of Canada and so they cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada.
David N. Chartrand, is a Métis politician and activist who has served as the democratically elected President of the Manitoba Métis Federation since 1997. He is the longest serving President of the Manitoba Métis Federation's history, currently serving an eighth term following the 2022 unprecedented mass acclamation of all elected officials. He has also served as a member of the Board of Governors of the Métis National Council from 1997 to 2021 and held a variety of portfolios, prior to the withdrawal of the Manitoba Métis Federation from the Métis National Council in 2021, over concerns that the Métis National Council was allowing the distortion of the nationally accepted definition of Métis.[2].
Canada (AG) v Lavell, [1974] S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the Canadian Bill of Rights by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men.
The Congress of Aboriginal Peoples (CAP), founded in 1971, is a national Canadian aboriginal organization that represents Aboriginal peoples who live off Indian reserves in either urban or rural areas across Canada. As of 2011 more than 70% of Aboriginal people live off-reserve.
R v Marshall; R v Bernard 2005 SCC 43 is a leading Aboriginal rights decision of the Supreme Court of Canada where the Court narrowed the test from R. v. Marshall for determining the extent of constitutional protection upon Aboriginal practices. The Court held that there was no right to commercial logging granted in the "Peace and Friendship treaties of 1760", the same set of treaties where the right to commercial fishing was granted in the R. v. Marshall decision. This decision also applied and developed the test for aboriginal title from Delgamuukw v British Columbia.
Mitchell v MNR, [2001] 1 S.C.R. 911 is a leading Supreme Court of Canada decision on aboriginal rights under section 35(1) of the Constitution Act, 1982. The court held that Mitchell's claim to an aboriginal right to import goods across the Canada–US border was invalid as he was unable to present enough evidence showing that the importation was an integral part of the band's distinctive culture.
In Canada, an Indian band, First Nation band or simply band, is the basic unit of government for those peoples subject to the Indian Act. Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council chaired by an elected chief, and sometimes also a hereditary chief. As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are members of a band.
R v Badger, [1996] 1 S.C.R. 771 is a leading Supreme Court of Canada decision on the scope of aboriginal treaty rights. The Court set out a number of principles regarding the interpretation of treaties between the Crown and aboriginal peoples in Canada.
Kruger v R, [1978] 1 S.C.R. 104, was a decision by the Supreme Court of Canada on the relationship between the Indian Act and provincial game laws. The Indian Act is a federal law enacted under the British North America Act, 1867, which gives jurisdiction over Aboriginals to the federal government. The Court found that the Indian Act's statement that provincial laws may apply to Aboriginal peoples in Canada as long as they apply to other people protects laws even if these laws affect Aboriginals more than others.
R v Marshall [1999] 3 S.C.R. 456 and R v Marshall [1999] 3 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish.
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
R. v. Powley, 2003 SCC 43, commonly called the Powley ruling, is a Supreme Court of Canada case defining Métis Aboriginal rights under section 35(1) of the Constitution Act, 1982.
Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 is a case of the Supreme Court of Canada, which ruled that Métis and non-status Indians are "Indians" for the purpose of s 91(24) of the Constitution Act, 1867.
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal equals to the Crown, as well as many other variations.
Sokolow v. Palestine Liberation Organization was a civil case considered by US federal courts, against the Palestine Liberation Organization (PLO) and the Palestinian Authority. The plaintiffs were US citizens injured in terrorist attacks in Israel and US citizens who are relatives of those who were killed by these attacks. They sued Palestine Liberation Organization and Palestinian Authority under the Antiterrorism Act of 1991, demanding $1 billion or more in damages. On 31 August 2016, the Second US Circuit Court of Appeals in Manhattan dismissed the lawsuit on the grounds that US federal courts lacked overseas jurisdiction on civil cases, and the 2nd Circuit decision was effectively upheld on appeal when the Supreme Court of the United States refused to hear an appeal of the Sokolow decision, sending the case back to the trial court for dismissal.
References
- ↑ Pemberton, Kim (January 8, 2013). "Court decision ends ambiguity for non-status Indians and Metis, now officially 'Indians'". Vancouver Sun.
- ↑ Rennie, Steve (November 19, 2014). "Metis, Non-Status Indians To Learn If Top Court Will Hear Landmark Case". Huffington Post. Canadian Press.
- ↑ Galloway, Gloria; Fine, Sean (April 14, 2016). "Métis, non-status Indians win Supreme Court battle over rights". The Globe and Mail.
  | This article about Canadian law is a stub. You can help Wikipedia by expanding it. |
 | This article relating to the Indigenous peoples of North America is a stub. You can help Wikipedia by expanding it. |