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Full-Text Articles in Law
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Osgoode Hall Law Journal
The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …
Left Out In The Cold: The Problem With Aboriginal Title Under Section 35(1) Of The Constitution Act, 1982 For Historically Nomadic Aboriginal Peoples, Brian J. Burke
Osgoode Hall Law Journal
In R. v. Adams and Delgamuukw v. British Columbia, the Supreme Court of Canada made statements to the effect that certain historically nomadic Aboriginal groups may be unable to make out a claim for Aboriginal title under section 35(1) of the Constitution Act, 1982. In light of the anthropological evidence relating to the close connection some of these groups enjoyed with the lands they occupied, a serious injustice may arise if these groups are indeed barred from an Aboriginal title claim. The author attempts to correct this potential injustice by demonstrating that at least some of these historically nomadic groups …
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
Osgoode Hall Law Journal
This article aims to define the degree to which values presented by groups representing Aboriginal interests in the Supreme Court of Canada have been integrated into the discourse of the Court and the decisions of political actors in Canada. The authors' analysis confirms the hypothesis that the Court, in contrast to its favourable treatment of private claims made by social minorities, is less receptive to the claims made by Aboriginals, a political minority whose claims are centered on political power and territory, issues that have been relegated to political negotiations. The significant difference between judicial and political decisionmakers concerning Aboriginal …