Law Commons^™

Judicial Workbook On Bill C-92 — An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Hadley Friedland, Naiomi Metallic, Koren Lightning-Earle

Articles, Book Chapters, & Popular Press

Objective: Based on the purpose, history, textual wording and relevant interpretative principles, these are the approaches to the provisions of the Act that we believe will best achieve its purpose, which Canada has identified as “to protect and ensure the well-being of Indigenous children, families and communities by promoting culturally sensitive child welfare services, with the goal of putting an end to the overrepresentation of Indigenous children in child and family services systems."

Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak

Articles, Book Chapters, & Popular Press

The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and …

Janice Forsyth, Reclaiming Tom Long Boat: Indigenous Self-Determination In Canadian Sport. With A Foreword By Willie Littlechild., Gwooyim Gyat Hawaaw

Dalhousie Law Journal

Established in 1951, the Tom Longboat Awards seek to “recognize Aboriginal athletes for their outstanding contributions to sport in Canada.” In her meticulous work of cultural history, the Cree kinesiologist Janice Forsyth places this official discourse in settler-colonial context. “The history of sport and physical activity in Canada,” she clarifies for sports scholars and administrators, “is not a history of empowerment or inclusion, or even of opportunity, accommodation, or amalgamation. Rather, it is a history of containment, control, and elimination.” Forsyth’s incisive analysis consequently goes well beyond the fields of sociology and sport history. On my reading, her work makes …

Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah

LLM Theses

This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …

An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales

Reports & Public Policy Documents

On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.

The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales

Reports & Public Policy Documents

On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare.

In this article, we identify both the improvements in Bill C-92 since our last report as well as key problems that remain in the five following areas: 1) National Standards 2) Jurisdiction 3) Funding 4) Accountability 5) Data Collection We also suggest strategies to assist Indigenous communities in …