Aboriginal right definition

Aboriginal right means an Aboriginal right within the meaning of section 35 of the Constitution Act, 1982.
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Aboriginal right means aboriginal rights, including aboriginal title, pursuant to section 35(1) of the Xxxxxxxxxxxx Xxx, 0000;
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Aboriginal right means a right that Canada’s courts have defined as flowing from the distinctive cultural practices that First Nation and Inuit communities engaged in before contact with Europeans and that Métis communities engaged in before Europeans gained effective legal and political control in relevant areas.
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Examples of Aboriginal right in a sentence

  • At one end of the spectrum lie cases where the claim to title is weak, the Aboriginal right limited, or the potential for infringement minor.

  • The foundation of the duty in the Crown’s honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it.

  • For greater certainty, the Guidelines also define Aboriginal title as an Aboriginal right.

  • In the 1990 Sparrow decision, the Supreme Court of Canada found that where an Aboriginal group has an Aboriginal right to fish for food, social and ceremonial (FSC) purposes, it takes priority, after conservation, over other uses of the resource.

  • The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it: see Halfway River First Nation v.

  • In Japan, financial institutions have to maintain required reserves, which are calculated from the average balances of the institutions’ liabilities, which are the subjects of reserves, during the month.

  • The 4% setaside will be used to pay salaries and associated expenses of existing NHDES support personnel devoted to the administration of the fund.

  • Therefore, the government objectives outlined in Sparrow that might justify inf- ringing an Aboriginal right (conservation, the prevention of harm) are the more appropriate.

  • In addition, the Heiltsuk Nation has established an Aboriginal right to commercially fish herring spawn-on-kelp.

  • It concludes that the EPC model is most suitable and preferable type of contract for highway construction.

Related to Aboriginal right

  • Original Rights shall have the meaning set forth in Section 1(f)(i) hereof.

  • Burial right means a right of earth interment.

  • Commercial Rights means any and all rights of a commercial nature connected with the Event including, without limitation, broadcasting rights, sponsorship rights, merchandising and licensing rights, ticketing rights, promotional rights, catering and hospitality rights, New Media rights and interactive games rights;

  • Aboriginal as defined in the constitution of Canada, "includes the Indian, Inuit and Métis peoples of Canada".

  • Preferential Rights means any right or agreement that enables any Person to purchase or acquire any Asset or any interest therein or portion thereof as a result of or in connection with (a) the sale, assignment or other transfer of any Asset or any interest therein or portion thereof, or (b) the execution or delivery of this Agreement or the consummation or performance of the terms and conditions contemplated by this Agreement.

  • Aboriginal person means a person who is a descendant of Aboriginal people of Australia, and “Aboriginal child” has a corresponding meaning;

  • Aboriginal child means a child who is an Aboriginal person

  • Mineral Rights means all rights, whether contractual or otherwise, for the exploration for or exploitation or extraction of mineral resources and reserves together with surface rights, water rights, royalty interests, fee interests, joint venture interests and other leases, rights of way and enurements related to any such rights;

  • Moral Rights means any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty.

  • Acquired Rights Directive means the European Council Directive 77/187/EEC on the approximation of laws of European member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, as amended or re-enacted from time to time;

  • statutory undertaker means a person who is or is deemed to be a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.

  • Rape Crisis Center means an office, institution, or center offering assistance to victims of sexual offenses through crisis intervention, medical and legal information, and follow-up counseling.

  • Membership Rights means all of the rights of a Member in the Company, including a Member’s: (a) Interest; (b) right to inspect the Company’s books and records; (c) right to participate in the management of and vote on matters coming before the Company; and (d) unless this Operating Agreement or the Certificate of Formation provide to the contrary, right to act as an agent of the Company.

  • trade union means a trade union as defined in the Labour Relations Act, 1995 or the Canada Labour Code (Canada) and includes a central, regional or district labour council in Ontario.

  • Tribal organization means the elected governing body of any Indian tribe or any legally established organization of Indians that is controlled by one or more such bodies or by a board of directors elected or selected by one or more such bodies (or elected by the Indian population to be served by such organization) and that includes the maximum participation of Indians in all phases of its activities; and

  • land development application means the application for a land development permit on a form provided by [local jurisdiction] along with the supporting documentation required in Section [Y]-10(a).

  • Collaboration Technology means all Collaboration Patents and Collaboration Know-How.

  • First Refusal Right means the right granted to the Corporation in accordance with Article E.

  • Educational organization means a nonprofit public or private elementary or

  • Small municipal separate storm sewer system or "small MS4" means all separate storm sewers that are (i) owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under § 208 of the CWA that discharges to surface waters and (ii) not defined as "large" or "medium" municipal separate storm sewer systems or designated under 4VAC50-60-380 A 1. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highway and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.

  • Chemical dependency means the physiological and psychological addiction to a controlled drug or substance, or to alcohol. Dependence upon tobacco, nicotine, caffeine or eating disorders are not included in this definition.

  • Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

  • Tribal or “Tribe” shall mean the Oneida Tribe of Indians of Wisconsin.

  • Secondary Refusal Right means the right, but not an obligation, of each Investor to purchase up to its pro rata portion (based upon the total number of shares of Capital Stock then held by all Investors) of any Transfer Stock not purchased pursuant to the Right of First Refusal, on the terms and conditions specified in the Proposed Transfer Notice.

  • Research and development facility means an establishment engaged in laboratory, scientific, or experimental testing and development related to new products, new uses for existing products, or improving existing products. The term does not include an establishment engaged in efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, banking, or research in connection with literary, historical, or similar projects.

  • international organization shall have the meanings set forth in Section 7701 of the Code or successor provisions.