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Encyclopedia > Indian Act

The Indian Act of Canada (1876) (full title "An Act respecting Indians") is an Act which establishes the rights of registered Indians and of their bands. A large part of the Act deals with the rights of band members living on reserves. The Act is administered by the Minister of Indian Affairs and Northern Development. Despite the racial nature of the rights, their constitutionality is upheld by Section Twenty-five of the Canadian Charter of Rights and Freedoms. See also: 1875 in Canada, 1877 in Canada and the list of years in Canada. Events February 1 - Andrew Elliott becomes premier of British Columbia, replacing George Walkem July 1 - The Intercolonial Railway connecting central Canada to the Maritimes is completed August - Sir Louis Henry Davies becomes premier of Prince... Look up Act on Wiktionary, the free dictionary Act may refer to: in law, a written document that attests the legality of the transaction. ... The Indian Register is the official record of Status Indians or Registered Indians in Canada. ... In Canada, an Indian reserve is specified by the Indian Act as a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band. ... In the Cabinet of Canada, The Minister of Indian Affairs and Northern Development really heads two different departments. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ...

Contents


Status

An Indian whose name is in the Indian Register established by the Act is said to have Indian status or treaty status. An Indian who is not registered is said to be a non-status Indian. Prior to 1985 status was often lost in ways which are now considered unfair. In Attorney General of Canada v. Lavell (1974), these discriminatory laws were upheld despite arguments made under the Canadian Bill of Rights. The Act was nevertheless amended in 1985 to restore status to people who had lost it in one of these ways, and to their children. Before the amendment, the ways in which status were lost were: The Indian Register is the official record of Status Indians or Registered Indians in Canada. ... Attorney-General of Canada v. ... This article is about the Canadian Bill of Rights, which should not be confused with the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act. ...

  • marrying a man who was not a Status Indian
  • enfranchisement (until 1960, an Indian could vote in federal elections only by renouncing Indian status)
  • having a mother and paternal grandmother who did not have status before marriage (these people lost status at 21)
  • being born out of wedlock of a mother with status and a father without.

1960 (MCMLX) was a leap year starting on Friday (the link is to a full 1960 calendar). ... An election is a decision making process whereby people vote for preferred political candidates or parties to act as representatives in government. ...

Case law

The act was at the centre of the 1969 supreme court case R. v. Drybones regarding the conflict of a clause forbidding Indians to be drunk off the reserve with the Bill of Rights. The case is remembered for being one of the few in which the Bill of Rights prevailed. 1969 (MCMLXIX) was a common year starting on Wednesday (the link is to a full 1969 calendar). ... The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ... R. v. ...


In Corbiere v. Canada (1999), voting rights on reserves were extended under Section Fifteen of the Canadian Charter of Rights and Freedoms. Corbiere v. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ...


See also

  • Section Thirty-five of the Constitution Act, 1982

// Overview The Constitution Act, 1982 is Schedule B to the Canada Act 1982. ...

External link

  • Department of Justice of Canada - Indian Act

  Results from FactBites:
 
Indian Removal Act - Wikipedia, the free encyclopedia (640 words)
The Indian Removal Act of 1830 was a law passed by the Twenty-first United States Congress in order to facilitate the relocation of American Indian tribes living east of the Mississippi River in the United States to lands further west.
Before the passage of the Removal Act, treaties had been conducted to encourage Indian tribes to resettle on this land—which would eventually become known as the "Indian Territory"—in exchange for their tribal lands in the East.
The first removal treaty signed after the Removal Act was the Treaty of Dancing Rabbit Creek on September 27, 1830, in which Choctaws in Mississippi ceded land east of the river in exchange for payment and land in the West.
Indian Act - Wikipedia, the free encyclopedia (348 words)
The Indian Act of Canada (1876) (full title "An Act respecting Indians") is an Act which establishes the rights of registered Indians and of their bands.
An Indian whose name is in the Indian Register established by the Act is said to have Indian status or treaty status.
The act was at the centre of the 1969 supreme court case R.
  More results at FactBites »


 

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