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Full-Text Articles in Law

Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner Nov 2011

Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner

Aboriginal Policy Research Consortium International (APRCi)

In order for Aboriginal rights and interests to be recognised under the Native Title Act (1993), such rights and interests must arise from laws and customs that can be shown to have continuity with the particular set of laws and customs that existed at the time of sovereignty, or, at least, at the time of first European contact. This interpretation of continuity has been applied in Australian native title cases since the High Court’s Yorta Yorta decision (Yorta Yorta v the State of Victoria [2002] HCA 58). Yet today’s Aboriginal native title claim groups are also required to participate in …


Trends And Inconsistencies In Immigration And Refugee Board Case Decisions, Julianna Beaudoin Apr 2011

Trends And Inconsistencies In Immigration And Refugee Board Case Decisions, Julianna Beaudoin

Western Migration Conference Series

The last fifteen years have included dramatic policy changes to the Canadian Immigration and Refugee Board (IRB). These changes are reflected through IRB year-end statistics/graphs and an anthropologically focused discussion that illustrates the need for reform to correct current inconsistencies in the IRB decision-making process.