Law 2101 Lecture Notes - Lecture 17: Fiduciary, Indian Act, Constitution Act, 1982

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

By what legal right does canada exercise jurisdiction over indigenous peoples: no war that conquered the aboriginals, no treaties in many cases what gives canada the authority. By what legal right did settlers obtain land in areas where no treaties ever signed: no war or treaties i. e. all of bc. Are aboriginal rights processes fair and timely: average land claim in ontario was in negotiation for 16 years after being reviewed without being settled. Different legal status of fn people in canada. A(cid:271)o(cid:396)igi(cid:374)al people a(cid:396)e (cid:1008)% of ca(cid:374)ada"s populatio(cid:374) a(cid:374)d (cid:396)isi(cid:374)g; (cid:1005). (cid:1009)(cid:373)illio(cid:374) i(cid:374) (cid:1006)(cid:1004)(cid:1005)(cid:1005) Among these, some 315,000 live on reserve. Legal handicaps imposed by federal government: ability to get a mortgage or other bank loan mortgages are not enforceable on reserves, autonomy to write last will and testament. Ottawa must approve of any lease arrangements on reserve, very few businesses on reserves. Aboriginal homes on reserves 45% requires major renovations.