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Indigenous, Indian, and Aboriginal Law

Osgoode Hall Law School of York University

Series

2018

Articles 1 - 5 of 5

Full-Text Articles in Law

Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor Nov 2018

Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor

Articles & Book Chapters

This article is based on a paper prepared for the convening of Over the Line: A Conversation about Race, Place, and the Environment, coordinated by In-grid Waldron; it was thus originally delivered in the context of a community of scholars interested and engaged in environmental justice (EJ) as well as anti-racism scholarship and activism. Conversations at the symposium were rich and deep, introducing novel ideas and generating a synergistic energy among those present. While this article builds upon the knowledge, experiences, and perspectives shared at the event, it also aims to introduce a distinct conception of Indigenous environmental justice (IEJ) …


The Source, Nature, And Content Of The Crown’S Underlying Title To Aboriginal Title Lands, Kent Mcneil Jan 2018

The Source, Nature, And Content Of The Crown’S Underlying Title To Aboriginal Title Lands, Kent Mcneil

Articles & Book Chapters

The highest courts in Australia, Canada, and New Zealand have consistently held that the Crown has the underlying title to Aboriginal title lands. The United States Supreme Court has likewise concluded that either the federal or state governments have the underlying title to Indian lands. However, the source, nature, and content of this title remain obscure. This article will examine the relevant case law and contend that, in Canada, the Crown’s underlying title is a purely proprietary interest that does not amount to a current beneficial interest and does not entail any jurisdictional authority. It is sourced in the doctrine …


Towards An Anishinabe Research Paradigm: Theory And Practice., Deborah Mcgregor Jan 2018

Towards An Anishinabe Research Paradigm: Theory And Practice., Deborah Mcgregor

Articles & Book Chapters

As this volume attests to, in recent years there has been a remarkable emergence of Indigenous research scholarship both internationally and within Canada. Indigenous theory, paradigms, and methods inform research practices which take on many forms, reflecting the diversity of Indigenous nations. Many scholars, Indigenous and non-Indigenous alike, have sought to decolonize past and current research approaches and advance Indigenous approaches and methods of research (Louis, 2007). Some more recent efforts have focused specifically on the revitalization of Indigenous research traditions (Archibald, 2008; Kovach, 2003; Wilson, 2008). Anishinaabe research is a form of reclaiming our stories and knowledge through personal …


Epilogue: Indigenous Research: Future Directions, Deborah Mcgregor Jan 2018

Epilogue: Indigenous Research: Future Directions, Deborah Mcgregor

Articles & Book Chapters

Indigenous research is often viewed as a novel and recently conceived research paradigm with the aim of explicitly and actively supporting the self-determination goals of Indigenous peoples (National Aboriginal Health Organization [NAHO], 2005). While it may be “new” to academia, engaging in Indigenous inquiry, along with its resultant knowledge production and mobilization, is actually far from new. Indigenous societies, like any autonomous and sovereign nations, required regularly updated knowledge to meet existing and emerging challenges. Indigenous peoples have thus been seeking knowledge to support their existence as peoples and nations for millennia (Absolon & Willet, 2004; Cardinal, 2001; Castellano, 2000; …


Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn Jan 2018

Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn

Articles & Book Chapters

The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.