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Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock
Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock
Electronic Thesis and Dissertation Repository
This thesis addresses an interpretive question at the heart of the discourse surrounding the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); the meaning of the principle of Free, Prior, and Informed Consent (FPIC). It argues that interpreting and implementing UNDRIP and specifically the articles requiring FPIC needs to be done in a way that meaningfully engages with and incorporates the laws of Indigenous peoples (Indigenous Legal Traditions or ILTs). This thesis explores why it is essential to discuss UNDRIP through the lens of ILTs, explores the scholarship and major interpretive schools of thought regarding FPIC, and concludes …
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
An Anishinaabe Tradition: Anishinaabe Constitutions In Ontario, Leaelle N. Derynck
Electronic Thesis and Dissertation Repository
Constitutionalism is an Anishinaabe legal tradition. This thesis explores modern Anishinaabe constitutions in Ontario, as they connect to traditional constitutionalism while meeting the unique governing needs of contemporary Anishinaabe First Nations communities. I address the scholarly and legal context in which these constitutional documents have been produced and shed an empirical light on these understudied legal instruments. Two questions shape this thesis: 1) what are the defining characteristics of Anishinaabe constitutions in Ontario; and, 2) what is their function within Anishinaabe communities? To answer these questions, I review both ratified and draft Anishinaabe constitutional documents of member communities of the …