Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- By-Laws (2)
- First Nations (2)
- Governance (2)
- Self-Government (2)
- Aboriginal Title (1)
-
- Aboriginal and Indigenous Rights (1)
- Arctic (1)
- Canada (1)
- Canadian Human Rights Tribunal (1)
- Caring Society (1)
- Child Welfare (1)
- Cindy Blackstock (1)
- Colonialism (1)
- Cultural Heritage (1)
- Cultural Objects (1)
- Decolonization (1)
- Environmental Rights (1)
- Essential Services (1)
- Eurocentric Legal Ideals (1)
- First Nations Self Government (1)
- Indian Act s 81 (1)
- Indigenous Rights (1)
- Land Claim Settlements (1)
- Program Delivery on Reserve (1)
- Repatriation (1)
- Stakeholder Engagement (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Articles, Book Chapters, & Popular Press
In Canada, comprehensive land claims based on Aboriginal title can be pursued through either litigation or negotiation. Generally, the relationship between litigation and negotiation of these claims is understood as one where the Supreme Court of Canada initially prodded the Canadian state to action, and then in a series of decisions developed the legal parameters within which the political realities of negotiation occur. Thus, settlement tends to follow and be shaped by the contours of the legal doctrine. However, settlement of land claims in Canada’s Arctic moved ahead of the case law in two key areas, as manifested in: (a) …
The Broad Implications Of The First Nation Caring Society Decision: Dealing A Death-Blow To The Current System Of Program Delivery On-Reserve & Clearing The Path To Self-Government, Naiomi Metallic
Articles, Book Chapters, & Popular Press
On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, its Executive Director, Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with its …
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons for this relates to the fact that, for over a hundred years, the Indian Act gave the federal government the power to disallow any such by-laws and Canada historically took a narrow view of the expanse of the Section 81 by-law powers and exercised its disallowance power broadly. Recent amendments to the Indian Act, however, have repealed this …
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, Sara Gwendolyn Ross
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous …
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Indian Act By-Laws: A Viable Means For First Nations To (Re)Assert Control Over Local Matters Now And Not Later, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Section 81 in the Indian Act, RSC 1985, c I-5, contains a broad range of subject matters over which Band Councils may pass by-laws. To date, this provision has been underutilized by most First Nation governments. One of the main reasons for this relates to the fact that, for over a hundred years, the Indian Act gave the federal government the power to disallow any such by-laws and Canada historically took a narrow view of the expanse of the Section 81 by-law powers and exercised its disallowance power broadly. Recent amendments to the Indian Act, however, have repealed this disallowance …
Indigenous Rights, Environmental Rights, Or Stakeholder Engagement? Comparing Ifc And Oecd Approaches To The Implementation Of The Business Responsibility To Respect Human Rights, Sara Seck
Articles, Book Chapters, & Popular Press
The Organisation for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises (OECD MNE Guidelines) and the International Finance Corporation (IFC) Performance Standards on Environmental and Social Sustainability (IFC Performance Standards) are widely viewed as key international standards to which extractive companies operating internationally should comply. Indeed, these standards, together with the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), are promoted by Canada in its November 2014 enhanced corporate social responsibility (CSR) strategy for extractive sector companies operating abroad. The strategy states that the Canadian government expects companies operating outside of Canada to “respect human rights …