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Questions tagged [aboriginal-law]

Aboriginal law is a state's body of domestic law, including constitutional doctrine, that relates to Indigenous peoples. This is in contrast to Indigenous law, which is the law of an Indigenous people.

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Does the fact that a treaty or legal text have differing translations preclude its enforceability?

Sometimes a legal text (a statute, or a treaty, for example) has inconsistent translations in two or more languages. Does this preclude its enforceability?
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Can treaties between the Crown and Indigenous peoples have force absent an act of Parliament?

Can treaties between the Crown and Indigenous peoples have force absent an act of Parliament?
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Why is the Treaty of Waitangi not considered a legal document?

The Treaty of Waitangi is a founding text in New Zealand, which documents a political agreement signed in 1840 between Captain William Hobson as consul for the British Crown, and a number of Māori ...
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What are the consequences of "band" membership under Canada's Indian Act?

Canada's Indian Act, R.S.C. 1985, c. I-5 recognizes "bands," "members of a band," and "Band Lists." A band may control its own membership according to membership rules it ...
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