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Developing Case Law: The Future Of Consultation And Accommodation, Gordon Christie
Developing Case Law: The Future Of Consultation And Accommodation, Gordon Christie
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The aim in this paper is twofold. First, the historical development of the case law around the duty to consult will be laid out (e.g. Delgamuukw v. British Columbia and subsequent cases) and an attempt will be made to make sense of this body of jurisprudence (on both doctrinal and critical levels). Second, an attempt will be made to read out of the current doctrine how future events may unfold 'on the ground' in the legal and political arena in British Columbia and elsewhere in Canada.
Respecting And Protecting The Sacred, Darlene Johnston
Respecting And Protecting The Sacred, Darlene Johnston
All Faculty Publications
In Canada, many citizens are justifiably proud of our country’s commitment to multiculturalism and respect for diversity. Cultural variations in language, art, law, and religion are not only tolerated but also celebrated. There is a growing appreciation that as human beings we share common, fundamental categories of experience, but that those experiences are mediated by and need to be understood in terms of our particular cultural contexts. Just as different cultures have different approaches to land and property, so too do traditions of sacredness vary. But respect for such variations, particularly as between Aboriginal peoples and newcomers to Canada, has …
Connecting People To Place: Great Lakes Aboriginal History In Cultural Context, Darlene Johnston
Connecting People To Place: Great Lakes Aboriginal History In Cultural Context, Darlene Johnston
All Faculty Publications
The author was asked to review the historical connection of Aboriginal people to the land that lies between Lake Huron and Lake Erie. She is a descendant of Great Lakes Aboriginal ancestors. Aboriginal history and self-understanding is conveyed across generations by stories and teachings grounded in particular landscapes. As a legally-trained historian, the author is familiar with the methods and protocols used in the document-based tradition. Her research method combines oral tradition and archival materials in order construct historical narratives in their cultural context. The task of connecting particular people to a specific place in a given time period is …