CBA-NS - Joint Section Meeting - Aboriginal Law and Constitutional & Human Rights Law Sections
Indian Act By-Law Powers
Ms. Metallic will present on the by-law powers under the Indian Act. Recent amendments to the Indian Act have repealed the ministerial disallowance power, giving Bands greater freedom to pass by-laws. The validity of such by-laws, however, will continue to be subject to review by the courts.
This presentation will give an overview of modern interpretation and constitutional principles that may help to inform determination of validity of such by-laws. Based on such principles, the scope of such by-laws powers may be more expansive than formerly believed.
- Naiomi Metallic, Burchells LLP