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Full-Text Articles in Law
The Wastelander Life: Living Before And After The Release Of Daniels V Canada, Signa A. Daum Shanks
The Wastelander Life: Living Before And After The Release Of Daniels V Canada, Signa A. Daum Shanks
Osgoode Hall Law Journal
The difficulties of entering the Canadian legal system for Indigenous peoples often includes the challenge of using the tools that have a history of harming those same peoples in the first place. Such a reality means the pursuit of recognition in Canadian law will not always be a positive experience—even when a decision supposedly represents a ‘win.’ Here, the author considers some of the effects that have developed from the release of Daniels v Canada. As with other Supreme Court of Canada releases, it inspires observations about colonialism, the modern plight of Indigenous peoples, and the rule of law.
Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie
Land Regime Choice In Close-Knit Communities: The Case Of The First Nations Land Management Act, Malcolm Lavoie, Moira Lavoie
Osgoode Hall Law Journal
Land interests on Canadian First Nations reserves have long been governed by the rigid and paternalistic provisions of the federal Indian Act, which require the permission of the federal Minister of Indigenous Affairs for even relatively minor land transactions. Yet an increasing number of First Nations have taken advantage of the 1999 First Nations Land Management Act (FNLMA), which allows First Nations to adopt a custom land code that replaces most of the reserve land provisions of the Indian Act in their community. This paper seeks to examine how First Nation communities have chosen to exercise their powers under this …