Suchergebnisse

Introduction --Nitam-Miigiwewin : Zaagi'idiwin (gift one : love) ;Love : law and land in Canada's indigenous constitution --Niizho-Miigiwewin : Debwewin (gift two : truth) ;Truth : origin stories, metaphysics, and law --Niso-miigiwewin : Zoongide'iwin (gift three : bravery) ;Bravery : challenging the durability of terra nullius : Tshilhqot'in v British Columbia --Niiyo-Miigiwewin : Dabaadendizowin (gift four : humility) ;Humility : entanglement, aboriginal title, and "private" property --Naano-Miigiwewin : Nibwaakaawin (gift five : wisdom) ;Wisdom : outsider education, indigenous law, and land --Ningodwaaso-Miigiwewin : Gwayakwaadiziwin (gift six : honesty) ;Honesty : legal education and heroes, tricksters, monsters, and caretakers --Niizhwaaso-Miigewewin : Manaaji'idiwin (gift seven : respect) ;Respect : residential schools, responsibilities for past harms --Conclusion:Nookomis's reconstitution.

"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."--

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country.

This is the first event of the Transsystemic Law Series ; The University of Victoria follows a transsystemic method of teaching and thinking about law to educate across different legal orders, emphasize the relevance of Indigenous legal traditions to Canada, and contribute to understandings of law that are different from long-established legal views. Join the second presentation of our Transsystemic Law Series. Professor John Borrows will explain why a transsystemic approach to constitutional law contributes not only to understanding how different communities organize as distinctive political units, but also to giving Indigenous legal traditions equal footing with common and civil law traditions in Canada. ; UVic Graduate Student Law & Society Research Group ; Faculty ; Unreviewed

Draws on personal experience as a person born on an Indian reservation in Canada to describe loyalty & allegiance to the land of one's birth. It is maintained that bureaucratic neglect, political indifference, & societal ignorance have marginalized Indians in Canada. Continuing government efforts to excise Aboriginal relationships with their lands are evident in the 1996 Report of the Royal Commission on Aboriginal Peoples. The report's recommended solutions mirror failed efforts of the past. Although the time has come to preserve & extend Indian participation with the land, Aboriginal control of Aboriginal affairs would disfranchise many Aboriginal people from places they hold dear. The need to enrich discourses of citizenship to reflect the changing dynamics of the Indian population & the fuller range of relationships Aboriginal people have with the land is stressed. It is concluded that narratives of Aboriginal political participation must be transformed to incorporate the (re)development of Aboriginal culture that has occurred through a wider variety of interactions. J. Lindroth

First Nations self-government in Canada has often been regarded as extinguished or delegated from the British Crown or the Canadian federal government. First Nations self-government among the Chippewas of the Nawash Band in southern Ontario has not been extinguished or delegated, but continues to exist as an inherent exercise of community sovereignty. The idea of existing Aboriginal self-government in modern-day Ontario contrasts with many prevailing notions about Native society in Canada today. The inherent and unextinguished nature of self-government among the Nawash Band is demonstrated by examining the events of the author's ancestors and community in their interactions with foreign settlers. The investigation of this history is undertaken from a Native perspective to access and establish an alternative vision of the political and legal status of First Nations self-government. The particular interactions between Native and non-Native societies that establish a continuing, inherent exercise of sovereignty are: the War of 1812; the acceptance of Christianity; the preservation of traditional Native health care, education and language; the entering into of treaties; and the maintenance of self-government under the federal Indian Act through the exercise of statecraft and economic development. The author argues that recounting these interactive experiences from a Native perspective can infuse legal and political discourse with different alternatives and can grant to First Nations people the liberty that they desire to continue to pursue their aspirations according to their collective goals.