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eserve: through a temporary permit orthrough a designation, which is a form ofsurrender. The Act provides procedures forboth, and currently, each route requires theextensive involvement of Aboriginal Affairsand Northern Development Canada.The Act also contains provisions on thedistribution of property on death (wills andintestacy), “mentally incompetent Indians”,guardianship of infants, financialmanagement, taxation, education, bandelections and the authority of band councilsto make by-laws.First Nations Land Management ActThe First Nations Land Management Act(“FNLMA”) enables First Nations to developtheir own regimes for managing land,resources and the environment, through amulti-stage process that can be quitelengthy.The FNLMA regime is meant to promoteFirst Nations economic development andbusiness endeavours. No First Nations inAtlantic Canada currently have a land codein force, but several are either at the“developmental” or “interested” stage andevolution in this area is expected over thenext few years. Where a First Nation hasdeveloped its own land code, the reserverelatedprovisions of the Indian Act nolonger apply.Constitution Act, 1982Section 35 of the Constitution Act, 1982expressly “recognized and affirmed” existingAboriginal and treaty rights, including rightsstemming from historic treaties and modernland claims agreements. “Aboriginalpeoples of Canada” is defined to include the“Indian, Inuit and Métis peoples of Canada.”Prior to 1982, Aboriginal rights existed atcommon law but were subject to extensiverestriction by the federal Crown and couldbe extinguished unilaterally by thegovernment where it had a clear and plainintention to do so. This changed in 1982with section 35. The entrenchment of theserights in the Constitution, and the case lawinterpreting section 35, have affordedincreased protection to distinctive featuresand customary practices of First Nationsand made it more difficult for governmentsto intrude in these areas, as will bediscussed more below. The Crown owesfiduciary duties to Aboriginal peoples undersection 35, which means that the Crown willhave to justify any legislation, regulations orconduct that infringes Aboriginal rightsand/or Aboriginal title.Canadian Charter of Rights andFreedomsThe Canadian Charter of Rights andFreedoms (the “Charter”) as a whole appliesto Aboriginal peoples in Canada, but certainprovisions in particular should behighlighted.Section 25 of the Charter states that therights and freedoms guaranteed under theCharter are not to abrogate or derogatefrom any Aboriginal, treaty, or other rights orfreedoms pertaining to Aboriginal peoples ofCanada. The purpose of this interpretiveprovision is to protect Aboriginal rights frombeing infringed or impaired by Charter rightsor freedoms. Section 15(2) of the Charterhas a wider but similar function, protecting a“law, program or activity that has as itsobject the amelioration of conditions ofdisadvantaged individuals or groups” frombeing found discriminatory.Aboriginal Law 146