User:Uoit-comm/sandbox

=Level 1= Section 91(24) of the Constitution Act, 1867 allows the government and the federal parliament exclusive powers over Aboriginals and Aboriginal land reserves. The Crown's relationship with the Aboriginal people has been an important factor in Canada's constitutional and legal framework since the early European encounter. The recent framework of Canada’s Aboriginal law is based on the long history of interaction between the Crown and the Aboriginal; the result of this framework shapes their present day relationship.

Level 2
A policy made within the government concerning the Aboriginal community operates within the legality of the Aboriginal’s historic right. Aboriginal law can be a tool to either push or constrain government policy agenda. Due to the Royal Proclamation of 1763 Aboriginal people now have property rights that must be respected by the Government and members of the Parliament. Certain features that have formed within Canadian law due to the Proclamation are the collective rights of the Aboriginal’s traditional lands and the Crown’s legal obligation to the Aboriginal people.

Level 3
The Provincial or Federal governments’ ability to interfere with Aboriginal rights and titles by common law has been limited; this is due to the content that exists within section 35 of the Constitution Act, 1982. Section 35 legally recognizes the Aboriginal individual and their treaty rights which had existed in the year 1982. The human rights code that exists within the Charter of Rights and Freedoms is important to the Aboriginal nation because it creates the foundation between general and specific Aboriginal rights. Section 15 states that individuals within Canada are equal before and under the law. Section 15 also allows for equal benefit and protection of the law without discrimination.

Level 4
Other influences that surround Canadian Aboriginal law are courts, local and international treaties. The Canadian courts are fundamental in shaping Aboriginal law because they interpret the statues, the Constitution and common law. In the past Aboriginal individuals were not socially or legally active in court cases which affected their lifestyle and interests. The Canadian courts have the ability to give definition to Aboriginal rights and to identify the Crown’s obligation surrounding past and present treaties; both international and local. The Indian Act is a vital statue in which mediates the interactions with the Federal government and the First Nations community. The Indian Act states the regulations surrounding band membership, land use, individual properties, and local governance. The Indian Act is a vital statue in which mediates the interactions with the Federal government and the First Nations community.

Level 5
In the present day the Federal government faces challenges surrounding the current and historical properties that stem from the Indian Act; these problems will cause policy and legal questions involving sovereignty, representation and accountability. Key legal issues that stem from the Aboriginal law are treaty rights, governance, equality, and federal/provincial powers.