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Indigenous, Indian, and Aboriginal Law

Osgoode Hall Law School of York University

Series

2013

Articles 1 - 3 of 3

Full-Text Articles in Law

Respecting Democratic Constitutional Change, Craig M. Scott Mar 2013

Respecting Democratic Constitutional Change, Craig M. Scott

Commissioned Reports, Studies and Public Policy Documents

On Monday, January 28, 2013, I was privileged to table, on behalf of the NDP and in my capacity as Official Opposition Critic for Democratic and Parliamentary Reform, Bill C-470, An Act Respecting Democratic Constitutional Change. On the same day, my colleague Romeo Saganash, NDP Critic for Aboriginal Intergovernmental Affairs, tabled Bill C-469 that would require Canadian law and practice to respect the United Nations Declaration on the Rights of Indigenous Peoples. In this way, on that day, the New Democratic Party was making sure that Canadians know that our party sees the building and nurturing of sustainable and cooperative …


We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia Jan 2013

We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia

Articles & Book Chapters

This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.


A Story Of Marguerite: A Tale About Panis, Case Comment, And Social History, Signa A. Daum Shanks Jan 2013

A Story Of Marguerite: A Tale About Panis, Case Comment, And Social History, Signa A. Daum Shanks

Articles & Book Chapters

Those interested in social history contend that social norms deserve attention due to how they impact and are affected by historical events. This subfield has contributed significantly to how larger historical mosaics are understood, and how themes specific to marginalized groups are appreciated today. By presenting the story of enslaved Indigenous woman in New France who was the first Indigenous civil litigant in Canadian history, and focusing on her representation in the colonial legal system, a number of themes emerge. Canada’s history of slavery becomes better understood, and in so doing, a challenge to social historians is presented. By examining …