The following is a list of the sources which operate to grant rights to indigenous people in Canada. These rights are rooted in a combination of Constitutional provisions, legislative acts and case law. The best way to find the most important legislation and Constitutional provisions pertaining to Canada's Indian law is through the internet. The websites portion of this project highlights the most resourceful sites and provides links to them. Websites provided the most comprehensive databases of Canadian law I could find. Neither Westlaw nor Lexis were helpful research tools in this area.I used a variety of search engines but found Legal Links and Alta Vista to be the most user friendly and resourceful.

The Royal Proclamation of 1763:
Viewed as the most fundamental source of native rights recognition in Canada. The Proclamation has the force of a statute in Canada and has never been repealed. It is frequently referred to as the "Charter of Indian Rights" as it represents the source of aboriginal rights in Canada. The Proclamation states:
                                       "And whereas it is just and reasonable, and essential to our
                                        interest, and the Security of our Colonies, that the several
                                        Nations or Tribes of Indians with whom we are connected,
                                        and who live under our Protection, should not be molested
                                        or disturbed in the Possession of such Parts of our Dominions
                                        and Territories as, not having been ceded to or purchased by
                                        Us, are reserved to them, or any of them, as their Hunting
                                        grounds."
 

The Canadian Constitution gives the Canadian Parliament exclusive legislative power over Indian affairs:
Section 91 (24) of the Constitution Act of 1867: Confers exclusive legislative authority on the Parliament of Canada in all matters coming within the subject "Indians, and Lands Reserved for the Indians." This clause has been interpreted to grant Parliament power to legislate with respect to Indian lands without giving the Crown property rights in the lands.

Treaty of Niagra of 1764:
This treaty was ratified by over 2,000 chiefs attending negotiations with the Crown. The treaty established a relationship of peace, friendship, respect, and mutual non-interference between the British and First Nations

Deed of Surrender for Rupert’s Land in 1869:
Included a governmental affirmation of aboriginal rights. The deed stated, "Any claims of Indians to compensation for lands required for purposes of settlement shall be disposed of by the Canadian government in communication with the Imperial Government; and the Hudson’s Bay Company shall be relieved of all responsibility in respect of them."

Manitoba Act of 1870, S.C. 1870, c.3:
Section 32 of this Act guaranteed the Metis the right to obtain title to the land which they already occupied because the Federal government took the position that the under section 91 (24) of the Constitution Act of 1867, the Metis were not a responsibility of the government, but a provincial responsibility.

Public Lands Act of 1872, Section 42 S.C. 1872, c.23:
Expressly recognized and acknowledged aboriginal rights and the need to satisfy claims arising from the extinguishment of title.

The Indian Act of 1867, S.C. 1876, c.18.:
The first major comprehensive legislation dealing with the Indians. The Act was, and continues to be, in its amended form, a list of restrictions on the sovereignty of Indian people and also established a land holding scheme for dealing with land on Indian reserves. The Act forbade first nations people from forming political organizations and denied Natives from speaking their native languages and practicing their traditional religion.

The Indian Act of 1970, S.C. 1970, c. I-6:
As amended, the Act contains important provisions which deal with who is an Indian and  possession of land, as well as  outlines the circumstances under which possession can be gained. The Act specifically states that reserve lands are exempt from seizure.

Constitution Act of 1982:
Section 35 (1) of the Constitution provides an affirmation of aboriginal rights in Canada. The clause reads: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed."

Section 35 (2) defines aboriginal people as including the "Indian, Inuit, and Metis people of Canada."

Four First Minister’s Conference between 1983-1987:
This was a series of meetings guaranteed by the Constitution Act of 1982. The Prime Minister, the Premiers, and Leaders of four major aboriginal groups met each year to identify, define, and discuss aboriginal treaty rights.

Constitution Amendment of 1984:
A result of the federal-provincial conferences, the amendment to section 35 (3) provided for greater certainty that the rights in land claim agreements were to be given the same protection as rights in treatises. Section 35 now precludes the federal government from amending treaty rights because they are now Constitutionally protected.

Nanuvet Agreement of 1993, 40-41-42 Eliz. II., Ch.28:
This agreement is viewed as a milestone in the treatment of native peoples in Canada. It is one of the greatest land claim settlements ever signed and grants the Inuit people of Canada a separate territory with its own government. No other land claim has involved both the creation of a new territory and a separate, independent government. The agreement is seen as a victory by indigenous people worldwide and is indicative of Canada's modern policy of promoting sovereignty and self-determination among its native nations.