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What is Indian act?

Updated: 10/8/2023
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6y ago

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a federal government law

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Eulalia Mraz

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2y ago
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12y ago

The Indian act is a Canadian statute that concernsregistered Indians (that is, First Nations peoples of Canada), their bands, and the system of Indian reserves. The Indian Act was enacted in 1876 by the Parliament of Canada under the provisions of Section 91(24) of theConstitution Act, 1867, which provides Canada's federal government exclusive authority to legislate in relation to "Indians and Lands Reserved for Indians". The Indian Act is administered by the Minister of Indian Affairs and Northern Development.

The act defines who is an "Indian" and contains certain legal rights and legal disabilities for registered Indians. The rights exclusive to Indians in the Indian Act are beyond legal challenge under the Canadian Charter of Rights and Freedoms. Section Twenty-five of the Canadian Charter of Rights and Freedoms, in particular, provides that the charter shall not be interpreted as negating specific aboriginal treaties and their corresponding rights and freedoms.[1] Section Thirty-five of the Constitution Act, 1982 also recognizes and affirms the legal validity of aboriginal treaties.

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