What is the effect of provincial legislation on the status of Indians?
British Columbia, Canada
The following excerpt is from Tsawwassen Indian Band v. Delta, 1997 CanLII 1097 (BC CA):
In effect, provincial legislation only intrudes on the primary federal jurisdiction over Indians under s. 91(24) of the Constitution Act, 1867 if that legislation singles out Indians or lands reserved for Indians or "relates to the status of Indians or rights so closely connected with Indian status that they should be regarded as necessary incidents of status ...". Four B Manufacturing v. United Garment Workers of America, 1979 CanLII 11 (SCC), [1980] 1 S.C.R. 1031.
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