Sentences with phrase «indian court of law»

Note that while third - party liability cover is mandatory as per the Indian court of law, it does not cover damages caused to your own vehicle.

Not exact matches

And in an Indian situation where baptism is the legal mark of change of one religious community to another, each with its own civil codes recognized by the Courts, communalisation of church life is imposed by Law and perverts the meaning of baptism as sacrament of faith.

Ed summarizes relevant Indian history, Montana water law, court findings that establish precedent, the legislative process and the politics of the topic.

It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.

The Court mentions the term «lands reserved» only twice in its entire judgement — both times as part of quoting the entire head of power «Indians and lands reserved for Indians» and never alone; most of the time the Court simply refers to the application of provincial laws to Indians (see paras 104, 140).

The Court of Appeal found that the impugned bylaws were not ultra vires the Respondent by reason of intruding on s. 91 (24) of the Constitution; the bylaws did not single out the Haudenosaunee people nor impair their status as Indians, and a law of general application applies to Aboriginal people provided that it does not touch on the «core of Indianness».

The Legal Aid Agency (LAA) refused to fund a report from an expert on Indian family law in spite of repeated directions that the court considered the report to be essential.

I'm sure I've made some minor omissions (e.g., case law from the courts of U.S. Indian Tribes), but the grand total for all U.S. law local, state and federal is on the order of 2 billion (i.e. 2,000,000,000) lines of code.

The law relating to litigating in «Indian country» is far too complex to address here, and while some of the fundamental principles of jurisdiction and tribal sovereignty are deeply rooted in our system of jurisprudence, many aspects of it are still undergoing change, whether by legislation in Congress or the interpretation and enforcement of the rule of law by the Courts.

• The Laws of Manu, the oldest Indian legal code, which we mentioned had cited by the International Court of Justice in 1996 and in one of the major constitutional judgments of the Phillipines.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Jeff Pniowsky, a Tax Dispute Resolution Lawyer with Thompson Dorfman Sweatman LLP, a Winnipeg based law firm, successfully acted on behalf of the intervenor, Assembly of Manitoba Chiefs in the Supreme Court of Canada (SCC) cases of Bastien and Dube (2)-- dealing with tax exemption related to property and interest income on Indian reserves.

Practice Areas Tribal Sports & Entertainment Law Business & Real Estate Transactions Education Law Indian Law & Gaming Law & Government Professional Associations Washington State Bar Association Trustee, Indian Law Section Northwest Indian Bar Association Founding Member Washington State Hispanic Bar Association Founding Board Member United Indian All Tribes Foundation Board Member Seattle Indian Services Commission, Commissioner Admitted Washington State United States District Court for Western District of Washington United States Court of Appeals for the Ninth District QUANAH M. SPENCER

The Court made a number of comments in reaching this conclusion, which suggest that federalism concerns, and particularly the doctrine of «interjurisdictional immunity» in favour of Canada's exclusive jurisdiction over «Indians and lands reserved for Indians», have no place at all in assessing the infringement of section 35 rights by provincial laws of general application.

San Francisco, CA (Law Firm Newswire) January 27, 2017 — A team from Gibson Dunn & Crutcher LLP, led by Theodore B. Olson, the former Solicitor General of the United States, will represent Mandana D. Farhang and M.A. Mobile Ltd. in the Supreme Court of the United States in opposition to a petition for a writ of certiorari recently filed by the Indian Institute of Technology, Kharagpur (IITK).

The Supreme Court examined section 88 of the Indian Act, which states that provincial laws of general application can apply on - reserve to the extent that they are consistent with the provisions in the Indian Act (para 12).

The Court did not grant the second and third declarations on the basis that it was already settled law that the Crown has a fiduciary duty to all Aboriginal peoples, including Métis and non-status Indians, and that it is already established that the Crown has a duty of consultation and accommodation in circumstances where there may be an impingement upon aboriginal or treaty rights.

More broadly, the Court held that provincial laws could not substitute for the lack of matrimonial real property provisions in the federal Indian Act (para 96).

On judicial review to the British Columbia Supreme Court, the judge characterized the issue between Sechelt and the tenants as one concerning money, not Indian lands, and agreed that the DRO had jurisdiction to hear the dispute and apply the provisions of the Manufactured Home Park Tenancy Act because it is a provincial law of general application.

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12 Administrative Law — Constitutional Law — Courts — Indians, Inuit and Métis Summary: The plaintiffs sought declarations (a) that Métis and Non-status Indians were «Indians» within the meaning of the expression «Indians and lands reserved for Indians» in s. 91 (24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples.

In Canadian Western Bank, the Supreme Court similarly noted that there is no need for federal exclusivity in matters remote from the Federal Government's special responsibilities for Aboriginal peoples, and that «[i] n other words, in their federal aspect («Indianness»), Indian people are governed by federal law exclusively, but in their activities as citizens of a province, they remain subject to provincial laws of general application.»

Neither Justice Scalia or his teammate Justice Ginsburg — who came of age in Brooklyn during the late 40s and 50s of the storied Dodgers, and who wrote the court's opinion in U.S. v. Cleveland Indians — will step aside, however, despite their participation in the league and the law's straightforward language.

In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join attorney Lori Alvino McGill, partner in the Washington, D.C. office of Wilkinson Walsh + Eskovitz and Chrissi Nimmo, assistant attorney general for Cherokee Nation, who has represented the nation in tribal, state, and federal courts since 2008, as they take an inside look at this case, tribal law, the Indian Child Welfare Act, and overall child custody cases.

P. Cumming and N. Mickenberg, Native Rights in Canada (2nd ed, 1972); K. Lysyk, «The Unique Constitutional Position of the Canadian Indian,» Canadian Bar Review 45 (1967); D. Sanders, «Indian Hunting and Fishing Rights,» Saskatchewan Law Review 38 (1973 - 74); J.C. Smith, Regina v. Drybones and Equality before the Law, Canadian Bar Review 49 (1971); W.S. Tarnopolsky, The Canadian Bill of Rights and the Supreme Court Decisions in Lavell and Burnshine: «A Retreat from Drybones to Dicey?»

The majority based its opinion on the fact that the United States Supreme Court ruling had removed the Indian Child Welfare Act (ICWA) as a basis for preventing the adoption and that the previous South Carolina Supreme Court opinion had «held that, under state law, Birth Father's consent to the adoption was not required under section 63-9-310 (A)(5) of the South Carolina Code.»

The 1960 Canadian Bill of Rights affirmed the right to equality before the law and, in the Drybones case, the Supreme Court of Canada held that an Aboriginal person had been unfairly discriminated against on the basis of race by being convicted under an Indian Act provision that made it an offence for an Aboriginal person to be intoxicated off - reserve.

The Albertans got to court before us and asked for a declaration that this statement was wrong in law and that treaty obligations continued to be owed to the Indian peoples by: «Her Majesty in right of the United Kingdom Government.»

As the court cases played out, the National Indian Brotherhood (now the Assembly of First Nations) argued that women who challenged section 12 (1)(b) were selfish and «anti-Indian» because they fought against the very law (the Indian Act) they viewed as guaranteeing the right of Indigenous self - determination.

it is submitted that the learned arbitrator had explained on this issue that he had forgotten that the solicitors of the claimants were involved in that matter on record as the proceedings were filed in the English high court and the instructions came from the Swiss lawyer directly to the learned arbitrator as senior counsel (QC) and not from the solicitors of the claimant and which did not::: Downloaded on - 13/05/2014 23:52:28::: Kvm 32/107 ARBP259.13 amount to a failure to disclose interest whether under the provisions of English Arbitration Act or under the IBA guide lines or under Indian law.

If you have committed a more serious traffic violation, such as leaving the scene of an accident, your citation will state that you are required to appear in local Indian Head Maryland court and the law enforcement officer issuing the citation will also likely inform you of this requirement.

A Practical Guide to the Indian Child Welfare Act National Indian Law Library Explains various components of the Indian Child Welfare Act and its effect on child welfare practice, including emergency removal, the role of Tribal courts, and foster care placement.

Consistent with federal law and Departmental responsibilities, the Justice Department consults with tribal governments concerning law enforcement priorities in Indian country, supports duly recognized tribal governments, defends the lawful exercise of tribal governmental powers in coordination with the Department of the Interior and other federal agencies, investigates tribal government corruption when necessary, and supports and assists Indian tribes in the development of their law enforcement systems, tribal courts, and traditional justice systems.