Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Aboriginal Governments And The Canadian Charter Of Rights And Freedoms, Kent Mcneil
Aboriginal Governments And The Canadian Charter Of Rights And Freedoms, Kent Mcneil
Osgoode Hall Law Journal
Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-government which is constitutionally protected, this article analyzes the issue of whether Aboriginal governments exercising that right are subject to the Canadian Charter of Rights and Freedoms. This issue is examined from a legal perspective based on textual analysis and common law principles. It is concluded that, as a matter of Canadian constitutional law, with the exception of the section 28 gender equality provision, the Charter does not apply to Aboriginal governments. This avoids imposition of the Charter generally on these governments by judicial decree, …
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
The Organic Constitution: Aboriginal Peoples And The Evolution Of Canada, Brian Slattery
Osgoode Hall Law Journal
Despite recent advances in the law of aboriginal rights, most Canadian lawyers still tacitly view the Constitution as the outgrowth of European legal traditions, transplanted into North America. This article identifies the main features of this model of the Constitution and proposes a more appropriate model to replace it, one that recognizes the Constitution's deep roots in Canadian history and traditions, and acknowledges the distinctive contributions of Aboriginal peoples and their long-standing relations with the Crown.