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Articles 1 - 4 of 4
Full-Text Articles in Law
Defining Metis People As A People: Moving Beyond The Indian/Metis Dichotomy, Brenda L. Gunn
Defining Metis People As A People: Moving Beyond The Indian/Metis Dichotomy, Brenda L. Gunn
Dalhousie Law Journal
This article argues that the legal definition that defines Metis people in opposition to Indian detracts from the goal of recognizing the Metis as a distinct people. The article argues that we ought to de-couple the definitions of Metis and Indian to more strongly recognize Metis as a distinct people. This article considers three intertwined concerns that arise from this dichotomous approach to Metis identity The first concern is about the "hard line" created in the definition between Indian and Metis, forcing one to be either Indian or Metis. The second concern is that changes to the definition of Indian …
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Dalhousie Law Journal
For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …
Queering Indigenous Legal Studies, Emily Snyder
Queering Indigenous Legal Studies, Emily Snyder
Dalhousie Law Journal
A handful of scholars have examined sex, gender, and sexuality in relation to Indigenous laws; yet their work is infrequently taken up in the field, and there is a broader need for conversations about what it means to "queer" Indigenous legal studies. In this paper, I centre and examine work that contributes to this queering so as to promote inclusive critical legal education and engagement. I also discuss the implications of not attending to sexuality and develop preliminary propositions for queering Indigenous legal studies.
Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination, Brenda L. Gunn
Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination, Brenda L. Gunn
Dalhousie Law Journal
The settlement of the residential school system class action and the creation of the Truth and Reconciliation Commission of Canada have renewed discussions on the relationship between Indigenous peoples and the Crown as part of achieving reconciliation. This article argues that promoting reconciliation in Canada requires addressing the underlying issue that led to the residential school system: the unilateral impositionofcolonial law with the goal of assimilating Indigenous peoples. The best way to prevent such actions in the future requires realizing Indigenous peoples right to self-determination. The U.N. Declaration, with its recognition of Indigenous peoples' right to self-determination, provides a framework …