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Indigenous Legal Orders In Canada - A Literature Review (Updated To August 2022), Michael Coyle

Law Publications

This is a literature review of publications concerning Indigenous legal orders in Canada, funded by a SSHRC knowledge synthesis grant. This is an update to my 2017 report of the same name.

The suppression of Indigenous legal orders was an integral part of the colonial project to assimilate Indigenous peoples, a project exemplified by Canada’s now notorious experiment with Indian Residential Schools. Long marginalized by the Canadian state, the importance of Aboriginal peoples’ own legal systems has recently been recognized by the Supreme Court of Canada, by academics (including prominent Indigenous scholars) and the Truth and Reconciliation Commission, who all …

Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner

Aboriginal Policy Research Consortium International (APRCi)

In order for Aboriginal rights and interests to be recognised under the Native Title Act (1993), such rights and interests must arise from laws and customs that can be shown to have continuity with the particular set of laws and customs that existed at the time of sovereignty, or, at least, at the time of first European contact. This interpretation of continuity has been applied in Australian native title cases since the High Court’s Yorta Yorta decision (Yorta Yorta v the State of Victoria [2002] HCA 58). Yet today’s Aboriginal native title claim groups are also required to participate in …

Cases And Materials On Federal Indian Law (6th Edition), David H. Getches, Charles F. Wilkinson, Robert A. Williams Jr., Matthew L.M. Fletcher

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Indigenous Self-Determination And The State, Shin Imai

Aboriginal Policy Research Consortium International (APRCi)

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, Indigenous Peoples and the Law: Comparative and Critical Perspectives (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self- administration/self-management model provides for indigenous entities to deliver social services and …

Indigenous Laws: Some Issues, Considerations And Experiences, Val Napoleon, Richard Overstall

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Some Legal Considerations Concerning Saami Rights In Saltwater, Elisabeth Einarsbøl

Aboriginal Policy Research Consortium International (APRCi)

The rights of the coastal Saami form the focus for this paper, which has been written by one of the advisers at the GÁLDU Resource Centre for the Rights of Indigenous Peoples. It explores the views on the rights of the coastal Saami that prevail today in the light of earlier perceptions and practices within sea fishing. The challenge is to attempt to say something about what this development entails in purely legal terms. The paper is one of the first to seek to provide an overview of what has been done with regard to surveys and research in the …

Indigenous Peoples' Land Rights Under The International Covenant On Civil And Political Rights, Martin Scheinin

Aboriginal Policy Research Consortium International (APRCi)

his paper presentes the evolving understanding of indigenous peoples' land rights under the International Covenant on Civil and Political Rights (ICCPR), as reflected in the practice of the Human Rights Committee (HRC), the monitoring body established under the ICCPR. The discussion is based on cases decided under the Optional Protocol to the Covenant, on the Committee's general comments and on the Committee's consideration of periodic reports by States parties. As to the points of entry to the discussion on land rights, two provisions of the ICCPR are identified: the right of all peoples to self- determination (Article 1) and the …

Beyond Reparations: An American Indian Theory Of Justice, William Bradford

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Retracing The Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, And Their Significance To Treaty-Making And Modern Natural Resources Policy In Indian Country, Michael C. Blumm

Aboriginal Policy Research Consortium International (APRCi)

One of the more misunderstood concepts of Anglo-American law is the discovery doctrine, the principle by which Europeans rationalized their presence in North America. Misinterpretation of the doctrine led to unwarranted assumptions about the relationship between the federal government and indigenous tribes in the late 19th and early 20th centuries and to misinterpretations abroad, notably in Australia. These misinterpretations by judges and Congress made the discovery doctrine into what one scholar called a perfect instrument of empire. But this article maintains that this result was a perversion of the doctrine laid down in the early 19th century by the Marshall …

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Aboriginal Policy Research Consortium International (APRCi)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter- locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular , it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, …