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Dalhousie Law Journal

2008

Aboriginal

Articles 1 - 2 of 2

Full-Text Articles in Law

Understanding The Progression Of Mi'kmaw Law, Jaime Battiste Oct 2008

Understanding The Progression Of Mi'kmaw Law, Jaime Battiste

Dalhousie Law Journal

Over the past 250 years, the recognition and implementation of the aboriginal and treaty rights of the Santi Mawio'mi of the Mi'kmaq has been a hard and bitter struggle for justice. Building on Mi'kmaw Aboriginal knowledge and legal traditions that inform their aboriginal and treaty rights, the Supreme Court of Canada has affirmed a Mi'kmaw right to hunt, fish, and gather in their traditional territory. The author focuses on the progression of Mi'kmaw law, drawing on the original teachings of the Mawio'mi embedded in Netukulimk and then shifting to the current legal strategy that creates a constitutional jurisgensis and a …


Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette Apr 2008

Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette

Dalhousie Law Journal

It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …