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…government may be justified to infringe upon it. The Sparrow test first seeks to define whether or not a right has been infringed upon. A government activity might infringe upon…

…What is a band? A “Band”, or “Indian Band,” is a governing unit of Indians in Canada instituted by the Indian Act, 1876. The Indian Act defines a “band”…

…deaf ears, and while he accepted their oral history as evidence, Justice Allen McEachern concluded that it held no weight. In his now infamous ruling, he concluded that the Gitksan…

…Great Britain after the Revolutionary War rendered it no longer applicable. The United States, however, eventually created its own similar law in the Indian Intercourse Acts. Despite arguments that the…

…adversely affected by incursions by industrial economies, displacement, and settlement of their traditional territories by others. For more on how this term was developed, please see our section on global…

…plan to include Aboriginal rights so extensively within the constitution when the Act was being redrafted in the early 1980s. Early drafts and discussions during the patriation of the Canadian…

…Aboriginal peoples have consistently responded to and actively resisted against unilateral, top-down imposition of government policies that impact their rights and title. We have grouped together several key examples…

…Hawthorn to investigate the social conditions of Aboriginal peoples across Canada. In his report, A Survey of the Contemporary Indians of Canada: Economic, Political, Educational Needs and Policies, Hawthorn concluded…

…At that time, instead of having its own constitution, Canada was governed by the British North America (BNA) Act. The Canadian Constitution fell under British law, which meant that only…