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Full-Text Articles in Law
The Broad Implications Of The First Nation Caring Society Decision: Dealing A Death-Blow To The Current System Of Program Delivery On-Reserve & Clearing The Path To Self-Government, Naiomi Metallic
Articles, Book Chapters, & Popular Press
On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, its Executive Director, Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with its …
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
Articles, Book Chapters, & Popular Press
This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …
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 …
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic
Articles, Book Chapters, & Popular Press
This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …