Your search

"Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance."-- Provided by publisher., "Demonstrating how Canada's constitutional structures marginalize Indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women."-- Provided by publisher.

Disclaimer: This summary was generated by AI based on the content of the source document.

Aboriginal law disputes are disputes that arise in the spaces between Indigenous and non-Indigenous societies. To date, the Supreme Court of Canada has resolved Aboriginal law disputes under section 35 by relying heavily on the common law to the exclusion of Indigenous legal traditions and principles. In this article, the author argues that applying a bijural interpretation of the principle of respect provides a promising pathway forward in resolving Aboriginal law disputes in a way that supports the grand purpose of section 35 of the Constitution Act, 1982—reconciliation. The author discusses the principle of respect by considering both non-Indigenous and Indigenous theories to propose a robust conception of respect to guide Aboriginal law jurisprudence. She then suggests three ways to implement the principle of respect in the intercultural relationship: (1) making interdependence and relationships primary; (2) rejecting colonial attitudes and stereotypes of Indigenous peoples; and (3) creating political and legal space for the expression and flourishing of cultural difference.

"In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality--that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people."-- Provided by publisher.

‡a This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

"This report will highlight the need for the Government of Ontario to put concrete measures in place and adopt the tools that are needed in order for government ministries, agencies and entitles, and third parties that provide services on behalf of the government to implement the active offer of services in French."--Executive summary

Disclaimer: This summary was generated by AI based on the content of the source document.

"[This book is a] review and study of declaratory judgments in Canada, a unique reference and guide to what declaratory judgments are, and when and how they can and should be used. The analysis of the subject includes reference to historical origins, procedural requirements, jurisdictional framework and application of the declaratory judgment in the determination of issues in constitutional, administrative, municipal, labour, contractual, and estate law. Along with an overview of the Canadian law, the author gives special attention to the experience of Quebec courts in the matter of declaratory relief. In addition to analyses and discussions of the substantive law, The Law of Declaratory Judgments, Fourth Edition also addresses the practical aspects of the law through provisions of precedents."-- Provided by publisher.

A Review of the Principles and Purposes of Sentencing in Sections 718-718.21 of the Criminal Code

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: The Legacy describes what Canada must do to overcome the schools’ tragic legacy and move towards reconciliation with the country’s first peoples. For over 125 years Aboriginal children suffered abuse and neglect in residential schools run by the Canadian government and by churches. They were taken from their families and communities and confined in large, frightening institutions where they were cut off from their culture and punished for speaking their own language. Infectious diseases claimed the lives of many students and those who survived lived in harsh and alienating conditions. There was little compassion and little education in most of Canada’s residential schools. Although Canada has formally apologized for the residential school system and has compensated its Survivors, the damaging legacy of the schools continues to this day. This volume examines the long shadow that the residential schools have cast over the lives of Aboriginal Canadians who are more likely to live in poverty, more likely to be in ill health and die sooner, more likely to have their children taken from them, and more likely to be imprisoned than other Canadians. The disappearance of many Indigenous languages and the erosion of cultural traditions and languages also have their roots in residential schools.