Criminal and civil
jurisdiction over Indian country was passed to a number of States by federal legislation.
Created exclusive Tribal
jurisdiction over all Indian child custody proceedings when requested by the Tribe, parent, or Indian «custodian»
All too often lawyers mistakenly assume that the federal courts have
jurisdiction over Indian matters only to have the case dismissed.
1867 — Confederation: British North America Act (now Constitution Act, 1867) establishes federal
jurisdiction over Indians.
Not exact matches
Despite the Cuomo administration's probe of
Indian Point, it is ultimately the federal government that has
jurisdiction over the fate of the plant, said Glenn Dentel, an NRC region 1 branch chief.
At the core of the case was the legal principal that tribal courts have civil
jurisdiction over non-
Indian conduct arising from consensual relations on
Indian reservations, weaving through overriding sovereignties across territories and bodies, and, critically, Indigenous sovereignty.
He says the subject comes up whenever there are amendments to the
Indian Act and the issue
over whether First Nations have
jurisdiction to protect their own heritage.
In that case, McCaleb v Rose, the appellant argued that provincial enactments could no longer be excluded on the basis of federal
jurisdiction over «lands reserved for
Indians» following Tsilhqot» in.
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.
Federal court
jurisdiction over contracts involving
Indian tribes is limited.
Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive
jurisdiction over «
Indians and Lands reserved for the
Indians».
In a previous blog post, we sought to give our readers an overview of the relationship between provincial laws of general application and the federal
jurisdiction over «
Indians and lands reserved for
Indians» set out in section 91 (24) of the Constitution Act, 1867.
Federal
jurisdiction over Métis and non-status
Indians does not mean all provincial legislation re same is inherently ultra vires.
The Federal Crown has
jurisdiction over Aboriginal title land under its power
over «
Indians, and Lands reserved for the
Indians,» but the Province has
jurisdiction over forestry under its power
over property and civil rights.
You will get more detailed information about the court that has
jurisdiction over your ticket once you complete the registration process for the state of
Indian Head Maryland online traffic school or
Indian Head Maryland online defensive driving course.