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Full-Text Articles in Law
The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil
The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil
Osgoode Hall Law Journal
Not until the 1990s did the highest courts in Australia and Canada begin to address the colonial reality of the dispossession of the Indigenous peoples. In Australia, the High Court has held that the taking of Indigenous lands and creation of third party rights by the Crown resulted in extinguishment of Native title. In Canada, while not dealing directly with the issue of extinguishment, the Supreme Court has authorized infringement of Aboriginal land rights for a variety of purposes, including the creation of third party rights. This article examines the legal justifications for these conclusions and finds that they are …
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 …