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Laws/Acts (Treaties (Modern Treaties (1923-
aka comprehensive land claim…
Laws/Acts
Treaties
1923-
aka comprehensive land claim agreements
- Between prov, fed, mun govs and AP
- Addresses land + ressources never before addressed
- When Modern Treaties are ratified, the Treaty rights they contaian are constitutionally recognized and take precedence
1701-1903
- Between AP and reigning monarch of Canada
- Land + Resources
11 numbered Treaties
70 Historic treaties
- you will be able to practice tradition on your own land
- Peace and Friendship Treaties
1700s
- Between colonial government and AP
- Safe passage through indigenous territory
- Land was NOT part of P+F treaties
1700s
- Between OP prior to first contact
- settle land disputes
- Trade + marriage
- sealed by ceremony making them sacred
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Western Law
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Royal Proclamation 1763
- King George III
- Prevented settlement of colonies past Appalachians
- Required French and British governments to negotiate treaties with IN
- Affirms AT to land
- Government has ignored laws of Royal Proclamation in BC by not signing treaties
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Constitution Act 1867
Section 91
Federal government become legally responsible to make decisions about "Indians, and lands reserved for the Indians"
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Indian Act 1876
One of the first pieces of federal legislature
To manage and control IP
Intended to replace early treaty making policy and assume control over indigenous land
Allows government to take IP from their traditional land onto reserves
Outlawed indigenous forms of governance and land ownership
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1951
IP could not hire lawyers, could not buy stamps (to write to the Queen)
Aboriginal Title
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Includes:
- The right to make decisions about the land
- Economic development opportunities that evolve to reflect modern uses of land
- A group interest in the land held by IN, not by individual people
- An understanding that AT is Sui Genesis (unique from all other types of property
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