CBA-NS - Joint Section Meeting - Aboriginal Law and Constitutional & Human Rights Law Sections

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Event date: 
Wednesday, January 13, 2016 - 12:00 to 13:00
Name of Organization: 
Canadian Bar Association - Nova Scotia Branch
Contact Email: 
Burchells LLP, 1800 - 1801 Hollis Street, Halifax

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 Recent amendments to the Indian Act have repealed the ministerial disallowance power, giving Bands greater freedom to pass by-laws.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