Sentences with phrase «indians under the constitution»

It ruled that while Métis should remain Indians under the Constitution, extending that recognition to non-status Indians should be done on a case - by - case basis, since it is a separate issue.

Not exact matches

The entire waiver process was sloppily administered in the first place, with Duncan granting waivers to states (and allowing them to ignore whole sections of No Child) even thought they have not yet implemented or enacted all the proposals within their applications, and the administration ignoring concerns raised by its own peer review panels about such matters as how states have ignored the need to gain consultation on proposed changes from American Indian tribes as required under the U.S. Constitution (as well as from black and Latino communities equally affected by the evisceration of accountability).

The administration granted waivers to states such as New York, New Mexico, and Oklahoma failed to consult with American Indian tribes on waiver plans as required by the administration's own rules for the waiver process, Article I, Section 8 of the U.S. Constitution, and under treaties between tribes and states themselves.

I understand that the concerned high court can be approached under article 226 of the Indian constitution to get the discriminatory rule of admission quashed.

The Congress of Aboriginal Peoples and several Métis and non-status Indians took the federal government to court in 1999, alleging discrimination because they were not considered «Indians» under a section of the Constitution Act.

It is settled that natural justice is guaranteed under Article 14 of the Indian constitution.

In 1990 he wrote a Master's thesis on the bureaucratic efforts to undermine the Commons Special Committee on Indian Self - Government, and later wrote a doctoral dissertation on the testimony of First Nations lea ders before a succession of joint Senate - Commons Committees on the Constitution during the decade before patriation, part of which was published in 2006 under the title Speaking with Authority: The Emergence of the Vocabulary of First Nations Self - Government (Routledge).

Madam Justice Abella agreed with the conclusions of the courts below that non-status Indians and Métis are Indians within the meaning of section 91 (24) of the Constitution Act and are therefore under the jurisdiction of the federal government.

The Court of Appeal disagreed with the tenants and the Attorney General, finding that s. 31 of the Sechelt Indian Band Self - Government Act «can only have been intended to preserve the character of the Sechelt Lands as reserve lands subject to federal jurisdiction» and that the lands continued, as they were before self - government, as lands reserved for Indians under s. 91 (24) of the Constitution.

Second, a province's power to regulate lands under Aboriginal title may in some situations also be limited by the federal power over «Indians, and Lands reserved for the Indians» under s. 91 (24) of the Constitution Act, 1867.

The Congress of Aboriginal Peoples, along with several Métis and non-status Indians, took the federal government to court in 1999, alleging discrimination because they were not considered «Indians» under a section of the Constitution Act and thus have been denied certain benefits.

The rights of Indian, Inuit and Métis peoples are protected under the Canadian Constitution and can impact both Canadian businesses and foreign companies that invest in Canada.

Constitutional law: Métis leader Harry Daniels launched a constitutional challenge in 1999 against the federal government's exclusion of Métis and non-status Indians from its definition of the term «Indian» as it applies to rights and obligations under the Constitution.