The author examines the current Canadian approach to the recognition of the rights of Aboriginal peoples. The discussion focuses especially on the conceptual and legal problems at the centre of the Supreme Court's cultural discourse. The Court's approach to culture, “cultural distinctiveness” and “cultural rights” does not concord with current anthropological or historical conceptions of culture. With this approach Aboriginal cultural rights tend to appear “frozen in time”. The Court's cultural ideas are based in part on expert testimony (from the perspective of Aboriginal peoples, amongst others), on human rights and on public opinion, but they also have their own inherent logic. They are essentially oriented toward political questions sur...
Indigenous peoples in Canada demand self-determination over criminal justice for a number of reasons...
Abstract: When Aboriginal issues involving Aboriginal religion come up in Canadian courts the religi...
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada...
This publication is with permission of the rights owner freely accessible due to an Alliance licence...
The relationship between the common law of Canada and Australia and Indigenous peoples has been one ...
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder...
This dissertation evaluates the impact of the Canadian Charter of Rights and Freedoms (1982) jurispr...
Chief Justice Lamer has stated that the doctrine of Aboriginal rights exists and is recognized by se...
There is a common perception that elements of mainstream society are disrespectful of Aboriginal cul...
Aboriginal law disputes are disputes that arise in the spaces between Indigenous and non-Indigenous ...
This is a study of whether, in the introduction of Indigenous oral traditions as evidence in court, ...
Since Aboriginal rights have found protection within Canada’s Constitution, a new relationship has e...
Canada was founded on three legal traditions: common law, civil law, and Indigenous law. Despite thi...
This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadia...
This article uses James (Sákéj) Youngblood Henderson’s process to achieving a postcolonial legal con...
Indigenous peoples in Canada demand self-determination over criminal justice for a number of reasons...
Abstract: When Aboriginal issues involving Aboriginal religion come up in Canadian courts the religi...
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada...
This publication is with permission of the rights owner freely accessible due to an Alliance licence...
The relationship between the common law of Canada and Australia and Indigenous peoples has been one ...
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder...
This dissertation evaluates the impact of the Canadian Charter of Rights and Freedoms (1982) jurispr...
Chief Justice Lamer has stated that the doctrine of Aboriginal rights exists and is recognized by se...
There is a common perception that elements of mainstream society are disrespectful of Aboriginal cul...
Aboriginal law disputes are disputes that arise in the spaces between Indigenous and non-Indigenous ...
This is a study of whether, in the introduction of Indigenous oral traditions as evidence in court, ...
Since Aboriginal rights have found protection within Canada’s Constitution, a new relationship has e...
Canada was founded on three legal traditions: common law, civil law, and Indigenous law. Despite thi...
This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadia...
This article uses James (Sákéj) Youngblood Henderson’s process to achieving a postcolonial legal con...
Indigenous peoples in Canada demand self-determination over criminal justice for a number of reasons...
Abstract: When Aboriginal issues involving Aboriginal religion come up in Canadian courts the religi...
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada...