Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 2 of 2
Full-Text Articles in Law
Protecting Indigenous Peoples’ Lands: Making Room For The Application Of Indigenous Peoples’ Laws Within The Canadian Legal System, Brenda L. Gunn
Protecting Indigenous Peoples’ Lands: Making Room For The Application Of Indigenous Peoples’ Laws Within The Canadian Legal System, Brenda L. Gunn
Brenda L. Gunn
This article uses James (Sákéj) Youngblood Henderson’s process to achieving a postcolonial legal consciousness as a methodology to gain greater recognition of Indigenous laws, which I argue will lead to better protection of Indigenous peoples’ lands, territories and resources. First, I show how the liberal basis of the Canadian legal rights paradigm, as currently applied, does not reflect Indigenous peoples’ own understandings of their rights and interests, and results in racist precedents that confine the power and authority of Indigenous peoples over their lands. Referring to other Indigenous scholars, I then discuss Indigenous peoples’ connections with their lands, some of …
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Brenda L. Gunn
This article argues that while trade liberalization has the potential to have positive economic effects upon Indigenous peoples, NAFTA does not adequately take into account and protect Indigenous peoples concerns and interests. While the purpose of international trade regulation is to remove trade barriers and ensure a level playing field, current trade regimes do impact Indigenous peoples' rights and interests. Therefore the interaction of international trade and Indigenous peoples' rights merits consideration. The article begins with a brief introduction to NAFTA and describes some of the provisions contained therein. Next, the article looks at the threes governments’ views about NAFTA …