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First Nations, Métis and Inuit health care

24 May 2006

At the end of the nineteenth century, the Métis were living on the borders of the non-Aboriginal and the Indian populations. [...] The federal government assumed legal responsibility for the Inuit in 1924 through an amendment to the Indian Act that extended medical services to the Eastern Arctic.53 In 1932, the Indian Act was amended to delete the Inuit provision.54 In the 1939 decision, Re: Eskimos,55 the Supreme Court of Canada settled the issue and determined that the Inuit were “Indians” under the British North America Ac [...] The purpose was to remove or reduce the conditions that limited the achievement of community wellness by reaffirming the special trust relationship of the federal government for the health and well-being of First Nations and Inuit people and integrating services to Aboriginal Peoples with the existing Canadian health care system.58 Following constitutional reform in 1982, the Medical Services Bran [...] Although, the fiduciary obligation in Guerin arose in the context of a land surrender, the case did lay the foundation for applying the fiduciary obligation to other aspects of the Crown/Aboriginal relationship.105 Although the Guerin decision was the first time that a Canadian court recognized the existence of a fiduciary relationship, the scope of this relationship was further defined in Kruger [...] Section 52(1) reads: The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.111 As Professor Hogg notes: A constitution has been described as “a mirror reflecting the national soul”:112 it must recognize and protect the values of a nation.113 The Constitution Act
health government politics canada indians of north america civil law government information government policy law medical care sovereignty court first nations judiciary trial (court) constitution (law) indigenous and northern affairs canada section 35 indigenous peoples in canada constitution act, 1982 fiduciary constitution act, 1867 indian act section 35(1) infringement fiduciary relationship fiduciary law department of indian affairs sovereign

Authors

Boyer, Yvonne

Pages
55
Published in
Canada

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