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Articles 1 - 5 of 5
Full-Text Articles in Law
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
The Application Of Gladue To Bail: Problems, Challenges, And Potential, Jillian Anne Rogin
LLM Theses
This paper argues that the principles articulated by the Supreme Court of Canada in R. v. Gladue and re-iterated in R. v. Ipeelee are being interpreted and implemented at the bail phase in a manner that exacerbates, rather than ameliorates the systemic failures of the criminal justice system in its dealings with Aboriginal people. Aboriginal people are grossly over-represented in Canadian prisons including those being detained in remand custody. It is now settled that the principles expressed in Gladue are applicable outside of the context of sentencing and in many jurisdictions have been found to be applicable to judicial interim …
The Allocation Of Burdens In Litigation Between First Nations And The Crown, Michael Wilfred Posluns
The Allocation Of Burdens In Litigation Between First Nations And The Crown, Michael Wilfred Posluns
LLM Theses
No abstract provided.
The Aboriginal Constitution, Brian Slattery
The Aboriginal Constitution, Brian Slattery
Brian Slattery
In a remarkable series of cases over the past decade, from Haida Nation to Manitoba Métis Federation, the Supreme Court of Canada has thrown a strong light on three basic elements of Aboriginal law: the honour of the Crown, the Royal Proclamation of 1763, and Aboriginal Treaties. This paper argues that these form the framework of the Aboriginal Constitution, which parallels the Federal Pact between the Provinces in the Constitution Act, 1867. Indeed, the Aboriginal Constitution provides the Constitution of Canada with its most ancient and enduring roots.
Equally Recognized? The Indigenous Peoples Of Newfoundland And Labrador, Sébastien Grammond
Equally Recognized? The Indigenous Peoples Of Newfoundland And Labrador, Sébastien Grammond
Osgoode Hall Law Journal
In Canada, certain Indigenous groups are struggling to obtain official recognition of their status and rights. This is particularly so in Newfoundland and Labrador, where the authorities took the stance, when the province joined Canada in 1949, that no one would be legally considered Indigenous. This paper analyzes the claims of the Indigenous groups of that province, which have resulted, over the last thirty years, in various forms of official recognition. In particular, this article highlights how the concept of equality was used by these Indigenous groups to buttress their claims. Equality, in this context, was mainly conceived of as …
Indigenous Rights Litigation, Legal History, And The Role Of Experts, Kent Mcneil
Indigenous Rights Litigation, Legal History, And The Role Of Experts, Kent Mcneil
Articles & Book Chapters
Litigation involving the rights of Indigenous peoples in Canada usually involves historical facts and events from a long time ago, sometimes as far back as 400 years. This reality presents significant challenges for proof of the facts upon which these rights are based. In addition to historical documents, the parties have to rely on testimony by Indigenous witnesses who are able to present the oral histories and traditions of their people, as well as on the opinion evidence of experts such as archaeologists, anthropologists, linguists, historians, ethnohistorians, and legal historians. In this paper, I examine the role of legal historians …