constitution act of 1982

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2.175 documents for constitution act of 1982
  • THE SUPREME COURT OF CANADA CONFIRMS THAT ONLY THOSE MODERN PRACTICES THAT MAINTAIN A REASONABLE DEGREE OF CONTINUITY WITH THE PRACTICES, CUSTOMS OR T...

  • That meeting took place on Nov. 16, 1970, and we agreed to work towards forming a lobbying organization for Metis and nonstatus Indians," he said. One of the first issues the group tackled was that of Aboriginal women who lost their status through marriage to non-Aboriginal men, and together with women's groups they were successful in getting recognition in the Constitution Act of 1982. "Because of that charter and the equality clause, the Indian Act had to be changed too, which had a positive impact on so many families." During the round of talks leading to the patriation of Canada's Constitution, the section on Aboriginal matters and the equality clause were dropped from the agenda. Belcourt cochaired a massive coalition of First Nations, Metis and Inuit leadership who came together ...

  • ... , Schedule B, part I to the Canada Act 1982 (U.K.) 1982, c. 11 (Charter);. c. that a constitut... the separation of powers under constitutional supremacy, that the Charter not be invoked in vain...

  • Noted in the resolution is that "there are not Aboriginal bands, Aboriginal reserves, or Aboriginal chiefs," and that the term "Aboriginal rights," which is referred in Section 35 of the Constitution Act of Canada of 1982, "was never meant to assimilate First Nations, Métis, and Inuit into one homogeneous group. So many of the Chiefs thought it was high time that we should start really looking at ourselves and what we call ourselves," said [John Beaucage]. "Being Anishinabek gives us a source of pride, and it's a name that we've given ourselves a millennia ago." "Well, it's fine to talk about Aboriginal rights as a conglomerate," said Beaucage. "But what we are doing is that we would like to move towards more specific aspects talked about as Nations and that we should be specific abou...

  • Clause 26.7 reads: "nothing in this PDA is intended to alter aboriginal or treaty rights of NCN or any other aboriginal peoples recognized and affirmed under Section 35 of the Constitution Act, 1982, except to the extent that, in respect of the Wuskwatim Project, NCN has expressly consented to this PDA and the transactions contemplated by this PDA on the terms and conditions set out herein. If so, this means that the PDA trumps all treaty or aboriginal rights of NCN or any other First Nation when it comes to Wuskwatim. This wording does nothing to actually protect treaty or aboriginal rights. If it did, there would be a full stop before the word 'except', or the clause would spell out clearly how the PDA will limit specific rights by listing the other clauses that would have an impact...

  • ...--scrambling to figure out the constitutional role of the governor general. Across the country m...In addition, the Constitution Act, 1982 requires that parliament meet at least once annual...

  • ... society as inscribed in law or constitutional texts and all while taking into account the so-cal... a reference to the supremacy of God in the 1982 preamble to its constitution. . (28) Bouchard & Ta...

  • ...Constitutional law -- Aboriginal rights -- Right to sell fish on ...35 of Constitution Act, 1982 -- Whether an aboriginal right being exercised in ...

  • First Nations (treaty people) signed over 300 treaties with the Europeans during the 1700s and 1800s. In 1876, Treaty No. 1 of the 11 numbered treaties was signed at Lower Fort Garry in Winnipeg. The treaties agreed to share the lands and resources with the immigrants. In 1763, the Royal Proclamation Act was signed by Great Britain recognizing first people's sovereignty in order to legally enter into the treaty process with the Indians of Canada, which was entrenched into the Canadian Constitution in 1982. Under existing legislation, treaty people are "sovereign" nations. In 1982, prior to patriation of the Canadian Constitution (former British North America Act), I was one of the chiefs that delivered historic treaty documents to the Queen at the Buckingham Palace. The House of Lords a...

  • A range of scholars and commentators has recently observed the rise of judicial activism by the Supreme Court of Canada. However, unlike the United States, Canada's elected bodies possess a constitutional democratic check on most of the actions of the Supreme Court via section 33 of the Canadian Charter of Human Rights and Freedoms. Through this "notwithstanding clause", the federal parliament and provincial legislatures have the power to override a decision of the Supreme Court without the aid of a constitutional amendment. By looking to the American experience, this article explores the significance of this little-used clause for understanding the role of political regimes in the construction of Canadian constitutional doctrine, and considers its usefulness for resolving future consti...

    ...) of the Canada's Constitution Act of 1982 - under pressure from leading provincial premiers ...



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