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The University of Manitoba campuses are located on original lands of Anishinaabeg, Cree, Oji-Cree, Dakota, and Dene peoples, and on the homeland of the Métis Nation. More

Aboriginal Law: Legislation & Treaties

Canada Constitution Act, 1982, s.35
Aboriginal rights are recognized and affirmed by Section 35 of the Constitution Act, 1982. The Supreme Court of Canada has held that this provision protects a series of rights, including legal recognition of customary practices such as marriage and adoption, food harvesting, and assertions of an Aboriginal title to traditional lands.


Canada Constitution Act, 1867, s.91(24)
A provision that states that the federal government of Canada has jurisdiction over "Indians and lands reserved for the Indians".


Canadian Charter of Rights and Freedoms (1982) s.25:
Section 25 is the section of Canadian Charter of Rights and Freedoms that deals with Aboriginal Peoples. These are inherent rights and are distinct and separate from the rights of non-First Nations people.

"The guarantee of 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 the Aboriginal peoples of Canada."


Indian Act (R.S.C., 1985, c. I-5)
The Indian Act is the principal statue through which the federal government of Canada administers Indian status, First Nations governments and the management of reserve land and finances. 

Treaty-Making in Canada (Aboriginal Affairs and Northern Development Canada)

This research portal provides information on the history of treaty-making in Canada from the 1700's to the present day. Users are also given access to historical artifacts and materials including transcripts of original treaty texts.


The Royal Proclamation of 1763
The Royal Proclamation of 1763 acts as a series of guidelines for the Canadian government's relationship with Aboriginal people. These guidelines are still relevant today and form the basis for modern-day treaty making.


Treaties 1 & 2
Treaties One and Two were the first of 11 numbered treaties negotiated between 1871 and 1921. Treaty 1 was signed between Canada and the Anishinabek and Swampy Cree of Southern Manitoba, while Treaty 2 was signed between Canada and the Anishinabe of southern Manitoba. 

Indigenous Mining Agreements with the Government of Canada
Interactive map which provides the geographic location of every active and non-active mining agreement between Indigenous Peoples and the Government of Canada.

 

Library of Parliament Review of Land Claim Settlements
Detailed overview from the Library of Parliament concerning land claim agreements/challenges in Canada.

Liaison Librarian

Matthew Renaud's picture
Matthew Renaud
Contact:
E.K. Williams Law Library
(204) 474-6371
Subjects:Law