Section 91(24) states that the federal government has exclusive authority over “Indians and Lands reserved for Indians”. This means that the federal government—and not the provinces—has the authority to pass laws that are “in pith and substance” about First Nations people and their lands.
What is Section 91 of the Canadian Constitution?
3.1 Federal Heads of Power: Section 91
Broadly speaking, section 91 of the Constitution Act, 1867 assigns matters that affect the entire country to the federal Parliament. Examples include the postal service, the military and currency.
What is the importance of sections 91 and 92 of the BNA Act?
Section 91(26) gives Parliament exclusive jurisdiction over marriage and divorce, while section 92(12) grants the provincial legislatures exclusive power to legislate in relation to the solemnization of marriage.
What did the BNA Act do for Canada?
The British North America Act received Royal Assent on 29th March 1867 and went into effect 1st July 1867. The Act united the three separate territories of Canada, Nova Scotia and New Brunswick into a single dominion called Canada.
How did Confederation affect indigenous peoples?
Confederation had a significant impact on Indigenous communities. In 1867, the federal government assumed responsibility over Indigenous affairs from the colonies. With the purchase of Rupert’s Land in 1870, the Dominion of Canada extended its influence over the Indigenous peoples living in that region.
What part of Section 91 is devoted to native people?
Section 91(24) states that the federal government has exclusive authority over “Indians and Lands reserved for Indians”. This means that the federal government—and not the provinces—has the authority to pass laws that are “in pith and substance” about First Nations people and their lands.
What powers are granted under section 91?
The Constitution Acts, 1867 to 1982, s. 91, confer on the Federal Parliament the power ” to make Laws for the Peace, Order and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces”.
What did Section 93 of the BNA Act do for religious schools at the time of Confederation?
Significantly, section 93 of the Act (and our modern Constitution) also give provinces the exclusive right to make laws relating to education, subject to certain protections and safeguards extended to Protestant, Roman Catholic, Denomination, and Separate schools in the Provinces.
What does it mean for the federal government to have the power to act for peace order and good government?
The broad scope of the phrase “peace, order and good government” can be interpreted to mean that the federal government should have authority over any matters not immediately pertaining to the provinces.
Which section of the BNA Act gave the federal government responsibility for Indians and lands reserved for Indians ‘?
Section 91(24)
Section 91(24) of the British North America Act established that the federal government of Canada was responsible for “Indians and Lands reserved for Indians”. For Aboriginal people, this was an important change from their relationship with colonial authorities.
What did the BNA Act declare?
The British North America Act, 1867
It formally united the colonies entering Confederation and established federalism – meaning the distribution of powers between the federal Parliament and the provincial legislatures.
In what was now called the persons case what did the BNA Act of 1867 say about this?
The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate.
Was the BNA Act the first act passed by Canadian government?
The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867.
Constitution Act, 1867.
| Article by | Andrew McIntosh, W.H. McConnell |
|---|---|
| Updated by | Richard Foot, Andrew McIntosh |
How has the Canadian government failed Indigenous peoples?
In September, the Canadian Human Rights Tribunal found that the federal government willfully and recklessly discriminated against Indigenous children living on reserves by failing to provide funding for child and family services.
How were Indigenous peoples affected by the Indian Act?
It forbade First Nations peoples and communities from expressing their identities through governance and culture. The Act replaced traditional structures of governance with band council elections. Hereditary chiefs — leaders who acquire power through descent rather than election — are not recognized by the Indian Act.
How government policies have affected Indigenous peoples?
Protection and assimilation policies which impacted harshly on Indigenous people included separate education for Aboriginal children, town curfews, alcohol bans, no social security, lower wages, State guardianship of all Aboriginal children and laws that segregated Indigenous people into separate living areas, mainly
Does the Indian Act apply to Indigenous peoples?
The Indian Act applies only to status Indians, and has not historically recognized Métis and Inuit peoples. As a result, the Métis and Inuit have not had Indian status and the rights conferred by this status despite being Indigenous to Canada and participating in Canadian nation building.
Which level of government is responsible for indigenous people?
the federal government
Under section 91(24) of the Constitution Act, 1867, the federal government has exclusive legislative authority for “Indians, and Lands reserved for the Indians.” This responsibility, however, often overlaps with that of the provinces, whose authority extends to areas such as child welfare, education and policing.
Which section deals with Indigenous rights?
Section 25 – Aboriginal and treaty rights.
What is a Section 91 sentence?
Section 91 of the Criminal Court Sentencing Act (2000): Equivalent to a discretionary life sentence, the indeterminate section 91 sentence is for young people convicted of an offence other than murder for which a life sentence may be passed on an adult.
What is relief under section 90 or section 91?
Relief under Section 90 and 90A
Under such DTAAs, the Indian government may agree on any or all of the following terms with the foreign governments: for providing relief regarding the income on which tax is paid under the Income Tax Act and tax law prevalent in such other countries.