Search for "indigenous families system"

Displaying 121-140 of 643 results
Article

Sparrow Case

R. v. Sparrow (1990) was the first Supreme Court of Canada case to test section 35 of the Constitution Act, 1982. Initially convicted of fishing illegally, Musqueam man Ronald Edward Sparrow was cleared by the Supreme Court and his ancestral right to fishing was upheld.

Article

Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

Article

Van der Peet Case

In the R. v. Van der Peet case (1996), the Supreme Court of Canada defined and restricted what constitutes Indigenous rights, as previously defined by the R. v. Sparrow case (1990). Criticized for narrowing the scope of Indigenous rights, the Van der Peet test — a set of criteria established by the court to prove Indigenous rights — stipulates that the Indigenous custom, practice or tradition in question must be integral to the distinctive culture of the Aboriginal group claiming the right and originate from before contact with the Europeans.

Article

Electoral Reform in Canada

Electoral reform is the process of reviewing and reconfiguring the structure of electoral politics, i.e., the way in which voters elect their representatives. In Canada, electoral reform has historically occurred through reconfigurations of electoral ridings, or the extension of the right to vote to previously disenfranchised groups of people. Attempts have been made to change electoral systems on a number of occasions, at both the provincial and federal level. The matter was of specific interest throughout 2016 due to the Liberal Party’s pledge during the 2015 federal election campaign to enact reform by 2019. However, the Trudeau government abandoned this in February 2017, citing a lack of consensus on the issue.

Article

Juvenile Justice Systems

On 7 July 1982, Parliament enacted the Young Offenders Act (effective April 1984, some sections not until 1985), which the government claimed would bring about a long-overdue reform of Canada's juvenile justice system.

Article

Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens; the other two are constitutional law and criminal law. (See also Rule of Law.) Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

Article

Easton Treaty

The Easton Treaty (or Treaty of Easton) is an agreement between British and Indigenous peoples, established at the forks of the Delaware River in Easton, Pennsylvania in 1758. The treaty was signed after a conference between British colonial officials and more than 500 chiefs, representing 15 Woodland Indigenous peoples in October 1758. Through the Easton Treaty and several others, the British successfully neutralized the French-Indigenous alliance in the Ohio Valley during the Seven Years’ War (1756–63) by guaranteeing the protection of Indigenous lands from Anglo-American colonists. (See also Treaties with Indigenous Peoples in Canada.)

Article

Treaties of Fort Stanwix (1768 and 1784)

The first Treaty of Fort Stanwix was signed in 1768 between the Haudenosaunee (also known as the Six Nations or Iroquois Confederacy) and British Superintendent of Indian Affairs in the Northern District, Sir William Johnson. It was the first major treaty to be negotiated according to the Royal Proclamation of 1763. Five years after the proclamation had set the western boundary of colonial settlement at the Appalachian Mountains — reserving the vast North American interior as Indigenous territory — the Treaty of Fort Stanwix pushed the border west to the Ohio River, opening up lands to white settlers. The second Treaty of Fort Stanwix, signed in 1784, was an agreement between the Haudenosaunee and the newly independent United States. This treaty redrew the eastern boundaries of the first Treaty of Fort Stanwix, surrendering more Indigenous territory.

Article

Money in Canada

Money consists of anything that is generally accepted for the settlement of debts or the purchase of goods or services. The evolution of money as a system for regulating society’s economic transactions represented a significant advancement over earlier forms of exchange based on barter, in which goods and services are exchanged for other goods or services. Canadian money has its roots in the Indigenous wampum belts of the East, the early currencies of European settlers and the influence of the United States.

Click here for definitions of key terms used in this article.

Article

Treaty 5

Treaty 5 — also known as the Winnipeg Treaty — was signed in 1875–76 by the federal government, Ojibwa peoples and the Swampy Cree of Lake Winnipeg. Treaty 5 covers much of present-day central and northern Manitoba, as well as portions of Saskatchewan and Ontario. The terms of Treaty 5 have had ongoing legal and socioeconomic impacts on Indigenous communities.

Article

Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

Article

Treaty 6

​Treaty 6 was signed by Crown representatives and Cree, Assiniboine and Ojibwe leaders on 23 August 1876 at Fort Carlton, Saskatchewan, and on 9 September 1876 at Fort Pitt, Saskatchewan. The treaty boundaries extend across central portions of present-day Alberta and Saskatchewan.

Article

Gladue Case

The Gladue case (also known as R. v. Gladue) is a landmark Supreme Court of Canada decision, handed down on 23 April 1999, which advises that lower courts should consider an Indigenous offender’s background and make sentencing decisions accordingly, based on section 718.2 (e) of the Criminal Code.

Article

Petitioning in Canada

Petitioning is one of the most common tools of political protest accessible to the local population. Limited during the era of New France, the practice of collectively petitioning political authorities became much more frequent in the years following the Conquest by the British. Sanctioned in the 1689 Bill of Rights, petitioning had been a common practice in Britain for centuries, and ever since 1763, Canadians have been sending petitions to their governments (colonial, imperial, federal, provincial, and municipal) for a variety of reasons. With the recent introduction of e-petition, Canadians, more than ever, can have their voices heard in government.

Article

Common-Law Unions in Canada

A common-law union occurs when two people live together in a conjugal relationship, generally for at least a year (or more depending on the province in which they reside). Common-law couples in Canada have many of the same legal, parental and financial rights and obligations as married couples.

Article

Indigenous Land Claims in Canada

Land claims seek to address wrongs made against Indigenous peoples, their rights and lands, by the federal and provincial or territorial governments. There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government’s outstanding obligations under historic treaties or the Indian Act. There are many ongoing comprehensive and specific claims negotiations in Canada.

Article

Professional Orders

Over the past 50 years, Québec has developed a professional system that has gradually consolidated its most important orders according to the size of their memberships and the nature of the their acts, which are often exclusive.

Article

Canadian Citizenship

Canadian citizenship was first created in 1947 by the Canadian Citizenship Act. Today's version of the law says both Canadian-born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen. In 2014, the Strengthening Canadian Citizenship Act brought about the first significant amendments to the Citizenship Act since 1977. However, these changes were repealed or amended by legislation passed in 2017.