Nil/Tu,O Child And Family Services Society V. B.C. Government And Service Employees’ Union’ And Communications, Energy And Paperworkers Union Of Canada V. Native Child And Family Services Of Toronto,
2020
Dalhousie University Schulich School of Law
Nil/Tu,O Child And Family Services Society V. B.C. Government And Service Employees’ Union’ And Communications, Energy And Paperworkers Union Of Canada V. Native Child And Family Services Of Toronto, Naiomi Metallic
Articles, Book Chapters, & Popular Press
In NIL/TU,O and Native Child, the Supreme Court of Canada held that unions applying for certification to represent employees of Indigenous-run child and family agencies ought to be certified under provincial labour relations legislation. The majority in both cases applied a presumptive rule that labour relations are generally provincial matters. This presumption was not displaced by the fact that both agencies were Indigenous-run organizations. The Indigenous nature of the organizations, their clientele, staff, and governance, or their own preferences for labour regimes made no difference to the Court’s analysis.
Held: Appeals Allowed.
1.
The appeals should be allowed. Treating Indigenous …
Searching For “Superchief” And Other Fictional Indians: A Narrative And Case Comment On R V Bernard,
2020
Schulich School of Law, Dalhousie University
Searching For “Superchief” And Other Fictional Indians: A Narrative And Case Comment On R V Bernard, Naiomi Metallic
Articles, Book Chapters, & Popular Press
In R v Bernard, 2017 NBCA 48, the New Brunswick Court of Appeal upheld the lower courts’ reasoning that a Mìgmaw man living in the traditional Mìgmaq hunting territory of St. John, New Brunswick could not exercise his Aboriginal rights to hunt because he could not prove he descended from the particular subgroup of Mìgmaq who were at St. John at the time of contact with Europeans. In deciding so, the Court of Appeal rejected the argument that the Mìgmaq, as a nation, are the appropriate rights holders and ought to be the body deciding who can exercise the Mìgmaw …
New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why,
2020
Dalhousie University Schulich School of Law
New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic
Articles, Book Chapters, & Popular Press
First Nations across New Brunswick have been demanding a public inquiry since the deaths of Chantel Moore and Rodney Levy at the hands of police barely a week apart from each other, and less than two months after the failed prosecution of the man alleged to have hit and killed Brady Francis. There are serious problems in the province’s justice system.
Mi’gmaq and Wolastoqiyik peoples are demanding more than just an investigation into the police conduct in Moore’s and Levy’s deaths; what is sought is a full examination of how New Brunswick’s justice system fails First Nations peoples in the …
Gladue At Twenty: Gladue Principles In The Professional Discipline Of Indigenous Lawyers,
2020
Schulich School of Law, Dalhousie University
Gladue At Twenty: Gladue Principles In The Professional Discipline Of Indigenous Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
In the wake of the Truth and Reconciliation Commission, the legal profession and its regulators have focused on the training and education of lawyers and law students, particularly in “intercultural competency,” as emphasized in Calls to Action 27 and 28.9 For example, in 2018 the Advocates’ Society, the Indigenous Bar Association, and the Law Society of Ontario jointly published a Guide for Lawyers Working with Indigenous Peoples, which observed—among other things—that “there is no such thing as a culturally neutral practice of law.” However, this training and education focus is important but incomplete: The journey toward reconciliation will also involve …
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace,
2020
California Western School of Law
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper
Faculty Scholarship
This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the …
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination,
2020
University of Montana, Missoula
Buffalo Renaissance: The Northern Plains Tribes' Path To Self-Determination, Elizabeth Louise Johns
Graduate Student Theses, Dissertations, & Professional Papers
This long-form journalistic story and photo essay is about the Blackfoot Tribes in the United States and Canada and their efforts to restore bison to their land, their diet, and their culture. In 2014, ten tribes from the United States and Canada came together at Blackfeet Nation in Browning, Montana to sign the Buffalo Treaty, a commitment to bringing wild buffalo back to parts of their historical range. The Treaty signing marked the first time in more than 150 years that a diverse group of tribes, some historical enemies, came together in the name of restoring the animal they evolved …
The Indigenous Decade In Review,
2020
University of New Mexico - School of Law
The Indigenous Decade In Review, Christine Zuni Cruz
Faculty Scholarship
This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in the …
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park,
2020
University of Colorado Law School
Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff
Publications
Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …
Honoring Sally Jewell,
2020
University of Colorado Law School
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law,
2020
University of Colorado Law School
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
Publications
Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.
We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …
Front Pages,
2020
University of Oklahoma College of Law
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court,
2020
University of Oklahoma College of Law
The Court Of Indian Appeals: America’S Forgotten Federal Appellate Court, Chief Judge Gregory D. Smith, Bailee L. Plemmons
American Indian Law Review
No abstract provided.
Tribal Remedies, Exhaustion, And State Courts,
2020
University of Oklahoma College of Law
Tribal Remedies, Exhaustion, And State Courts, Pete Heidepriem
American Indian Law Review
No abstract provided.
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases,
2020
University of Oklahoma College of Law
“Thus In The Beginning All The World Was America”: The Effects Of Anti-Protest Legislation And An American Conquest Culture In Native Sacred Sites Cases, Elizabeth Hampton
American Indian Law Review
No abstract provided.
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui,
2020
University of Oklahoma College of Law
The Cultural Property Conundrum: The Case For A Nationalistic Approach And Repatriation Of The Moai To The Rapa Nui, Annie Rischard Davis
American Indian Law Review
No abstract provided.
Cooking Food Customs In The Pot Of Self-Governance: How Food Sovereignty Is A Necessary Ingredient Of Tribal Sovereignty,
2020
University of Oklahoma College of Law
Cooking Food Customs In The Pot Of Self-Governance: How Food Sovereignty Is A Necessary Ingredient Of Tribal Sovereignty, Kate Ricart
American Indian Law Review
No abstract provided.
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming,
2020
University of Oklahoma College of Law
Analyzing The Implications Of The Supreme Court’S Holding In Herrera V. Wyoming, Andrew Rader
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition,
2020
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2020 Native American Law Student Association Moot Court Competition, Emily Dennan, Emily Mcevoy
American Indian Law Review
No abstract provided.
Building The Aboriginal Conference Settlement Suite: Hope And Realism In Law As A Tool For Social Change,
2020
Allard School of Law at the University of British Columbia
Building The Aboriginal Conference Settlement Suite: Hope And Realism In Law As A Tool For Social Change, Toby S. Goldbach
All Faculty Publications
In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The “Aboriginal Conference Settlement Suite” epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the circumstances of Indigenous peoples in Canada have not improved. This ongoing commitment to legal solutions is emblematic of mainstream views of law as a problem-solving instrument. Notwithstanding awareness of its failings, law reformers remain dedicated to using law as a tool for social change. Employing a case study method focusing on the new …
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships,
2020
Allard School of Law at the University of British Columbia
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
All Faculty Publications
The nation-to-nation relationship between Indigenous peoples and cities remains largely unexplored in the Canadian context. This oversight is especially problematic in light of the significant percentage of Indigenous people who live in urban areas, and the many concerns that Indigenous and non-Indigenous peoples share. These shared concerns include the environment, land use, housing, social services, and much more, and modern municipalities do make attempts to address Indigenous-specific needs in these areas; but Indigenous-municipal relationships have implications that far exceed the technocratic and siloed ways in which Canadian systems generally approach these broad areas of concern - implications not only with …
