The laws governing Indigenous business rights in Canada are complex and evolving. However, there is a number of key principles and laws that are relevant to Indigenous business rights.
Section 35 of the Constitution Act, 1982
Section 35 of the Constitution Act, 1982 recognizes and affirms the Aboriginal and treaty rights of Indigenous peoples in Canada. These rights include the right to self-government, the right to traditional lands and territories, and the right to engage in economic activities on traditional lands and territories.
Canadian Human Rights Act
The Canadian Human Rights Act prohibits discrimination on the basis of national origin. This includes discrimination against Indigenous peoples. The Act applies to all aspects of employment, housing, and the provision of goods and services.
Indian Act
The Indian Act is a federal law that governs many aspects of Indigenous life, including business. The Act contains a number of provisions that are relevant to Indigenous business rights, such as the provision that allows Indigenous peoples to incorporate their businesses under the Indian Act.
Business Development Act
The Business Development Act is a federal law that provides financial assistance to businesses. The Act contains a number of provisions that are specifically designed to support Indigenous businesses.
Provincial and territorial laws
There are also a number of provincial and territorial laws that are relevant to Indigenous business rights. For example, some provinces and territories have laws that require businesses to consult with Indigenous peoples before developing projects on Indigenous land.
How can Indigenous businesses protect their rights?
Indigenous businesses can protect their rights by:
- Understanding their rights. Indigenous businesses should understand their rights under section 35 of the Constitution Act, 1982, the Canadian Human Rights Act, the Indian Act, and other applicable laws.
- Documenting their rights. Indigenous businesses should document their rights by collecting evidence of their traditional land use and occupancy, and by obtaining agreements with the government and other stakeholders.
- Asserting their rights. Indigenous businesses should assert their rights by negotiating agreements with the government and other stakeholders, and by taking legal action if necessary.
- Develop a business plan. A business plan is a blueprint for your business. It should set out your business goals, strategies, and financial projections.
- Get professional advice. There are a number of professionals who can help Indigenous businesses with their business needs, such as accountants, lawyers, and business consultants.
If you are an Indigenous business owner, it is important to consult with a lawyer to discuss your specific legal rights and obligations. A lawyer can help you to protect your rights and to achieve your business goals.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.