but also the regulations and by-laws enacted pursuant to the Act. custom name chicago bears football team crocband clog It is also clear that jurisdiction over both Indians and non-Indians has been upheld in reference to violations of the Act.
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outside the court’s jurisdiction under section 107. To confuse matters somewhat further, a person is legally an “Indian” if he or she is “entitled to be registered” as such under section 6, custom name chicago bears football team crocband clog even though that person may not, in fact, actually be registered. While this subject matter limitation may appear to some to be rather narrow, it is important to realize that band by-laws are obtaining increasingly greater importance. Several recent decisions have held that band by-laws can take precedence over the federal Fisheries Act and its regulations.96 The same reasoning could be extended logically to other areas in relation to federal legislation. In addition, section 88 of the Indian Act has the effect of rendering by-laws paramount over provincial laws of general application where they are inconsistent.
It is unclear if the latter would apply only in relation to Indians, as section 88 expressly states, or if it also would extend to non-Indians within reserves. • Trading for profit without a licence by DIA employees, missionaries or school teachers (s. 92). The courts also have assumed that all the normal elements of the general justice system apply, including due process, natural justice, right to counsel, etc. The appellate courts have not questioned their own jurisdiction to hear appeals or applications for judicial review. Despite these challenges over the years, the overall integrity and validity of this unique court have been sustained repeatedly, as have the appointments of the justices. The subject matter jurisdiction set out has been interpreted liberally by courts called upon to review the jurisdiction of section 107 courts, as including not only the express provisions of the Act
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