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The Duty to Consult
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
Engraved on Our Nations
A testimony to Indigenous resilience in business Despite investments in nation building, self-autonomy, and cultural resurgence, Indigenous economic development has remained an underexplored and underestimated area of research. Engraved on Our Nations overturns the discouraging deficit perspective too common in policy and academia and amplifies the largely undocumented history of successful Indigenous economic activity in Canada. Following David Newhouse’s overview of Indigenous economic history, the authors of this collection illustrate how First Nation and Métis individuals and communities have met and overcome an array of challenges. Case studies focus on First Nations from Membertou (...
Making a Living
Until recently, most residents of Puvirnituq, an Inuit settlement in Northern Quebec, made their living off the land. Successful hunting, fishing, trapping and gathering, so vital to people’s survival, were underpinned by the expectation that food should be shared. As the Inuit moved into – both forced and voluntary – they have had to incorporate the workings of a monetized economy into their own notions of how to operate as a society. Quoting local residents and drawing upon academic literature, the author documents the experiences of an Inuit community as they wrestle with how to accommodate their belief in a sharing economy with the demands of market forces.
Perspectives on Justice, Indigeneity, Gender, and Security in Human Rights Research
This book is a compendium of emergent global Human Rights Scholarship offering current ruminations on justice, indigeneity, gender, security, and human rights. This edited collection examines Access to Justice, Allyship and Equality, Human Rights and Social Justice, the Rights of Indigenous People, Indigenous Rights and the University, Transgender Healthcare, Femicide, Women Workers, Extremism and Misogyny, Human Rights and Aging, cyberwarfare, climate change.
Beyond Blood
The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Breathing Life into the Stone Fort Treaty
In order to interpret and implement a treaty between the Crown and Canada’s First Nations, we must look to its spirit and intent, and consider what was contemplated by the parties at the time the treaty was negotiated, argues Aimée Craft. Using a detailed analysis of Treaty One – today covering what is southern Manitoba – she illustrates how negotiations were defined by Anishinabe laws (inaakonigewin), which included the relationship to the land, the attendance of all jurisdictions’ participants, and the rooting of the treaty relationship in kinship. While the focus of this book is on Treaty One, Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before this, and the principles of interpretation apply equally to all treaties with First Nations.
Home in the City
During the past several decades, the Aboriginal population of Canada has become so urbanized that today, the majority of First Nations and Métis people live in cities. Home in the City provides an in-depth analysis of urban Aboriginal housing, living conditions, issues, and trends. Based on extensive research, including interviews with more than three thousand residents, it allows for the emergence of a new, contemporary, and more realistic portrait of Aboriginal people in Canada's urban centres. Home in the City focuses on Saskatoon, which has both one of the highest proportions of Aboriginal residents in the country and the highest percentage of Aboriginal people living below the poverty line. While the book details negative aspects of urban Aboriginal life (such as persistent poverty, health problems, and racism), it also highlights many positive developments: the emergence of an Aboriginal middle class, inner-city renewal, innovative collaboration with municipal and community organizations, and more. Alan B. Anderson and the volume's contributors provide an important resource for understanding contemporary Aboriginal life in Canada.
The Dynamics of Native Politics
Historically, Aboriginal People have had little influence on the development of Native policy from within government. As a result, national, provincial, and regional Native political organizations have developed to lobby government on Native Peoples issues. Joe Sawchuk defines the various native groups in Canada and examines the origins of the organizations that represent them. He examines the structure of the organizations, their relationship with government, how the organizations fit within the context of the larger society, and the way in which power is consolidated within the organizations themselves. Many non-Native structures pervade Native, and especially Metis, political organization...
Aboriginal Law, Fourth Edition
Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.
The Spaces In Between
The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-foug...
