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Legislation
This page contains links to legislation passed in Canada and British Columbia since 1763. The legislation cited affects the land question in the province of British Columbia.
- 1763 – The Royal Proclamation of 1763 by King George III recognizes aboriginal people as "nations or tribes" and acknowledges that they continue to possess traditional territories until they are "ceded to or purchased by" the Crown.
- 1867 – The Constitution Act, 1867. Canada becomes a country. The federal government is given authority "to make laws for the Peace, Order, and good Government of Canada" including laws about "Indians and lands reserved for Indians."
- 1871 – The British North America Act, 1871 establishes the right of Canada's Parliament to create new provinces, alter existing ones, and "from time to time make provision for the administration, peace, order and good government of any territory not for the time being included in any Province."
- 1871 – British Columbia becomes a province. The Terms of Union state that the federal government will assume responsibility for Indians and British Columbia will retain authority over land and resources.
- 1876 – Indian Act focusing on land, membership, and local government — consolidates all previous Indian legislation, defines Indian status, and gives the
- 920 – Bill 13: British Columbia Indian Lands Settlement Act implements the McKenna-McBride recommendations, and allows reductions or "cut-offs" of reserves without consent of aboriginal people, contrary to provisions of the Indian Act.
- 1927 – A special joint committee of the Senate and House of Commons decides unanimously that a claim to Indian title by the Allied Indian Tribes of B.C. was without merit.
- 1938 – British Columbia Order-in-Council 1036 gives final conveyance of title to Indian reserves in B.C. to the federal government.
- 1949 – B.C. government unilaterally grants Indian people the right to vote in provincial elections.
- 1943 - 44 British Columbia Indian Reserves Mineral Resources Act confirms provincial control of mining on reserves, under certain conditions.
- 1960 – Aboriginal people on reserves granted the right to vote in federal elections.
- 1982 – Constitution Act recognizes and affirms existing aboriginal and treaty rights, but leaves question of unextinguished title open for courts to decide. Section 35 of the Act states: "(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed."
- 1984 – British Columbia Indian Cut-off Lands Settlement Act, establishes that a band, or its council, may make agreements with Canada and British Columbia for resolving and extinguishing claims to cut-off lands. It notes that "Negotiations toward such (agreements) do not constitute an admission by Canada of the existence of any legal obligation of Canada toward the band in question" and that "Any such agreement executed prior to this Act is declared to have effect as of the date of its execution."
- 1986 – Sechelt Indian Band Government Act grants title to lands in traditional Sechelt territory and provided for self-government through legislation.
- 1991 – Government of B.C. officially recognizes the inherent rights of First Nations to aboriginal title and to self-government, and pledged to negotiate just and honourable treaties.
- 2006 – Bill 11: New Relationship Trust Act supports capacity-building for First Nations so they can effectively participate in land and resource management and social programs for their communities.
- 2007– Bill 40: Tsawwassen First Nation Final Agreement Act defines Tsawwassen First Nation's rights regarding the ownership and management of lands and resources throughout their claimed territory. The treaty includes self-government provisions and a phase-out of tax exemptions.
- 2007– Bill 45: Maa-Nulth First Nations Final Agreement Act recognizes the Maa-nulth First Nations' Aboriginal rights and title, and defines rights regarding ownership and management of lands and resources.
- 2008 – Bill 12: Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act is required to reassign ownership of the University Golf Course lands currently owned by the University of British Columbia (UBC) and two parcels of Pacific Spirit Regional Park currently owned by the Greater Vancouver Regional District
(GVRD) to the Musqueam Indian Band.
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