Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Members of an Indigenous Nations have ways under Canadian law to challenge certain decisions made by their Nation.
Decisions made by an Indigenous Nation can impact the lives of members in many ways. This includes decisions about who:
- can live on or use community land
- can be a member of the community
- is allowed to vote in an election or be part of the community’s government
Decisions can be challenged based on the Canadian Charter of Rights and Freedoms, Rules for Decision Making and Human Rights laws. Not all decisions can be reviewed on each of these grounds and when, or if, a decision can be challenged will depend on the body that made the decision, what the decision was about and what the grounds are for challenging the decision.
NEW IN PRINT!
See our new print resources under "Legal Information for Indigenous Communities" at Order Resources.
Rules for Decision Making
Under Canadian law decisions of government bodies can be reviewed by courts based on whether rules about decision making have been followed. Rules about decision making can apply to some decisions made by Indigenous governments, like a First Nation Council.
Charter Rights
Under Canadian law, the Charter of Rights and Freedoms can apply to decisions made by an Indigenous Nation.
Human Rights
Canadian Human Rights laws can apply to decisions made by an Indigenous Nation
Challlenging an Action in Federal Court
Under Canadian law decisions of a body, such as a First Nation Council, can be challenged based on fair decision-making principles or violations of the Canadian Charter of Rights and Freedoms.
Making a Human Rights Complaint
If you have been discriminated against on a prohibited ground, by the federal government or a federally regulated body, such as a First Nation Council, you make a compliant to Canadian Human Rights Commission.
Class Actions
Class actions are lawsuits filed by an individual on behalf of a group for compensation based on a common harm they have suffered.
