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To understand the importance of Aboriginallaw in Atlantic Canada it is helpful to firstreview the key constitutional and statutoryprovisions. It is also important to rememberthat this area of the law is anything butstatic, with new legislative developments,more movement towards Aboriginal selfgovernment,and increased economicinteraction between private industry andAboriginal groups happening all the time.The intersection between generalcommercial law and Aboriginal law is notalways considered, but a proactiveapproach may make for more streamlined,efficient, and cost-effective businessdealings.CONSTITUTIONAL AND STATUTORYFRAMEWORKConstitution Act, 1867Section 91(24) of the Constitution Act, 1867assigns exclusive legislative authority over“Indians, and Lands reserved for theIndians” to the federal government. Section91(24) has been interpreted to includefederal jurisdiction over the Inuit, as well asthe jurisdiction to negotiate treaties withAboriginal groups and exclusive jurisdictionover land held pursuant to Aboriginal title.But the jurisdiction under section 91(24) isnarrower than it may appear, given theextensive provincial legislation that will alsoapply to First Nations.To date, the federal government has takenthe view that section 91(24) does notconvey jurisdiction over the Métis, but theFederal Court of Appeal has recently heldthat the Métis are included in section91(24), which could lead to changes in thefederal government’s relationship with theMétis. However, the decision will likely beappealed to the Supreme Court of Canada,so the constitutional status of the Métis maybe in flux for the foreseeable future.The more recent legislative efforts of thefederal government appear geared towardsdelegating more authority to First Nationsthemselves.Indian ActThe federal Indian Act is a specific exerciseof the federal government’s constitutionalauthority over “Indians, and Lands reservedfor the Indians.” The Indian Act defines whois an “Indian” and, with a few exceptions, itapplies to all registered Indians and bandgovernments across Canada.It should be noted that the term “Indian” inreference to Aboriginal people is nowconsidered to be an out-of-date term;however, the term “Indian” has yet to bereplaced in the Indian Act, so it continues tobe used in reference to that statute.Although the Inuit are deemed to be “Indian”for the purposes of federal jurisdiction undersection 91(24) of the Constitution Act, 1867,they are not subject to the Indian Act. TheMétis and non-registered Indians are alsonot covered by the Indian Act. (Note,however, that status under the Indian Actmay not necessarily coincide with anindividual person’s cultural identification witha particular band.)Much of the Indian Act relates to reservelands. The underlying title to reserve landsremains with the federal Crown, whichstrictly curbs the ability of First Nationsbands to alienate their land. There are twomain, legally authorized ways for non-bandmembers to acquire a property interest on aAboriginal Law 145