English pdf. Arabic pdf. Settlement of disputes mechanism.
Choice of procedure under article Russian pdf. Lists of conciliators and arbitrators. Lists of experts. United Nations Privacy Notice. Oceans and Law of the Sea Home Page. Marginal note: Where band amalgamates or is divided. Marginal note: Entitlement with consent of band. Marginal note: Decision to leave Band List control with Department. Marginal note: Subsequent band control of membership. Marginal note: Return of control to Department. Marginal note: Notice to the Minister and copy of membership rules.
Marginal note: Transfer of responsibility to Department. Marginal note: Copy of Band List provided to band council. Marginal note: List of additions and deletions. Marginal note: Protest in respect of Band List. Marginal note: Protest in respect of Indian Register.
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Marginal note: Registrar to cause investigation. Marginal note: Copy of notice of appeal to the Registrar. Marginal note: Material to be filed with the court by Registrar. Marginal note: Commutation of payments under former Act. Marginal note: Minister may constitute new bands. Marginal note: Division of reserves and funds.
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Marginal note: Reserves to be held for use and benefit of Indians. Marginal note: Use of reserves for schools, etc. Marginal note: Possession of lands in a reserve. Marginal note: Location tickets issued under previous legislation.
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Marginal note: Compensation for improvements. Marginal note: Indian ceasing to reside on reserve.
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Marginal note: When right of possession reverts. Marginal note: Correction of Certificate or Location Tickets. Marginal note: Cancellation of Certificates or Location Tickets.
Marginal note: Grants, etc. Marginal note: Information by Attorney General. Marginal note: Information deemed action by Crown. Marginal note: Taking of lands by local authorities. Marginal note: Grant in lieu of compulsory taking.
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Marginal note: Minister may call meeting or referendum. Marginal note: Effect of surrenders and designations. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory. Therefore, any time that law enforcement takes a suspect into custody, law enforcement must make the suspect aware of all rights. However, courts have since then slightly narrowed the Miranda rights, holding that police interrogations or questioning that occur prior to taking the suspect into custody does not fall within the Miranda requirements, and the police are not required to give the Miranda warnings to the suspects prior to taking them into custody, and their silence in some instances can be deemed to be implicit admission of guilt.
If law enforcement fails to honor these safeguards, courts will often suppress any statements by the suspect as violating the Fifth Amendment protection against self-incrimination, provided that the suspect has not actually waived the rights. An actual waiver occurs when a suspect has made the waiver knowingly, intelligently, and voluntarily. To determine if a knowing, intelligent and voluntary waiver has occurred, a court will examine the totality of the circumstances, which considers all pertinent circumstances and events.
The Fifth Amendment right does not extend to an individual's voluntarily prepared business papers because the element of compulsion is lacking. Similarly, the right does not extend to potentially incriminating evidence derived from obligatory reports or tax returns. Constitution and all applicable statutes before the government can deprive any person of life, liberty, or property.
While the Fifth Amendment only applies to the federal government, the identical text in the Fourteenth Amendment explicitly applies this due process requirement to the states as well. While the federal government has a constitutional right to "take" private property for public use, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property, valued at the time of the takings. The U.
The government does not have to pay a property owner's attorney's fees, however, unless a statute so provides. However, after the Kelo decision, some state legislatures passed statutory amendments to counteract Kelo and expand protection for the condemnees. See e. Redevelopment Auth.