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Full-Text Articles in Law
If There Can Only Be ‘One Law’, It Must Be Treaty Law. Learning From Kanawayandan D’Aaki, Dayna Nadine Scott, Andrée Boisselle
If There Can Only Be ‘One Law’, It Must Be Treaty Law. Learning From Kanawayandan D’Aaki, Dayna Nadine Scott, Andrée Boisselle
Articles & Book Chapters
The paper stems from a research collaboration with the Anishini community of Kitchenuhmaykoosib Inninuwug (KI), known as the people of Big Trout Lake in the far north of Ontario. In the face of renewed threats of encroachment by extractive industries onto their homelands, our research team visited the community on the invitation of leadership in 2017. The community was engaged in strategic planning and reflection on the work that they have done in recent years to articulate and record their own laws for the territory, and to gain recognition for those laws from settler governments. Between 2008 and 2018, …
Supreme Court Of Canada Cases Strengthen Argument For Municipal Obligation To Discharge Duty To Consult: Time To Put Neskonlith To Rest, Angela D’Elia Decembrini, Shin Imai
Supreme Court Of Canada Cases Strengthen Argument For Municipal Obligation To Discharge Duty To Consult: Time To Put Neskonlith To Rest, Angela D’Elia Decembrini, Shin Imai
Articles & Book Chapters
Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous group? In Neskonlith Indian Band v. Salmon Arm (City), the British Columbia Court of Appeal answered this question in the affirmative, finding that the city of Salmon Arm did not need to consult the Neskonlith First Nation about impacts from the construction of a shopping mall. In what was technically obiter dicta, the Court permitted the municipal project to proceed, and told the First Nation that its only recourse was to complain to the provincial government in a separate proceeding.
Truth Be Told: Redefining Relationships Through Indigenous Research, Deborah Mcgregor
Truth Be Told: Redefining Relationships Through Indigenous Research, Deborah Mcgregor
Articles & Book Chapters
The recently released report of the Truth and Reconciliation Commission of Canada (TRC) contains recommendations which seek to deconstruct the highly colonial relationship between Indigenous peoples and the Canadian state. This chapter explores how the TRC’s findings might be applied in transforming the theory and practice of academic research as part of renewing and re-defining relationships between Indigenous peoples and broader Canadian society. I will address the fundamental bias that exists in the historical and contemporary scholarship that either explicitly or implicitly frames Indigenous peoples as “problems” to be solved.
The Louisiana Purchase: Indian And American Sovereignty In The Missouri Watershed, Kent Mcneil
The Louisiana Purchase: Indian And American Sovereignty In The Missouri Watershed, Kent Mcneil
Articles & Book Chapters
Like a historical mantra repeated time and again, it is asserted that the Louisiana Purchase doubled the size of the United States. As this assertion takes for granted that the Purchase included the entire Missouri watershed, it rests on the assumption that France had a valid title thereto because, as a matter of common sense and international law, France could only convey title to territory that it actually owned. But what basis is there for the assumption that France had sovereign title to the vast territory drained by the Missouri River that stretches from the Mississippi River to the Rocky …
The History And Promise Of Shared Space In A Section 35 World, Signa A. Daum Shanks
The History And Promise Of Shared Space In A Section 35 World, Signa A. Daum Shanks
Articles & Book Chapters
When non-Indigenous people made their way to North America, both conflicting and complementary social norms existed between explorers and the land’s original inhabitants. Capable of agreeing with, often challenging, and regularly borrowing each other’s ideas, people of early post-contact times demonstrated how they could have different values and processes but could still cooperate. So while colonialism certainly stifled, if not terminated, some Indigenous processes, local concepts still often prevailed and governed all those who inhabited a space—including the non-Indigenous. Canada’s post-contact past is as much about the adherence to Indigenous jurisdiction as it is about an external force’s interpretation of …
The Resilience Of Métis Title: Rejecting Assumptions Of Extinguishment For Métis Land Rights, Adam Gaudry, Karen Drake
The Resilience Of Métis Title: Rejecting Assumptions Of Extinguishment For Métis Land Rights, Adam Gaudry, Karen Drake
Articles & Book Chapters
The Crown long has disputed Métis title claims by contending that any previously existing Métis rights, including title, have been extinguished. We argue, however, that Métis rights, including title, remain unextinguished in at least some areas of the Métis homeland. In this chapter, we review the three means by which Aboriginal rights can be extinguished in Canadian law: by surrender, by legislation prior to April 17, 1982, and by constitutional amendment. When applied to the Métis homeland, we conclude that these means have not effectively extinguished all Métis rights and title. This chapter builds on our previous work, in which …
Book Review: John Borrows, Law's Indigenous Ethics, Karen Drake
Book Review: John Borrows, Law's Indigenous Ethics, Karen Drake
Articles & Book Chapters
No abstract provided.