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Articles | Case Littlewood, Student Researcher | July 17, 2020
Duty to Consult with Whom?

Category: Aboriginal Rights, Constitutional Issues

When TC Energy began their work on the Coastal GasLink pipeline in 2012, few thought the project would ever become so contentious.[1] Since it began, the project has been the […]

Articles | Russell Green | July 30, 2019
Comparing Federal Government and Indigenous Perspectives on Self-Government Agreements

Category: Aboriginal Rights

Introduction: Agreements for Self-Government Indigenous peoples have lived in what is now Canada for thousands of years, governing themselves and developing unique legal orders. The Canadian state, with its colonial roots, has been slow to recognize this reality. However, there

Key Terms
Aboriginal

Category: Aboriginal Rights

Through its mention in section 35 of the Constitution Act, 1982, the term “Aboriginal” has surged to heavy usage both in the legal sphere and in general Canadian English.[1] Aboriginal is an inclusive term, covering various peoples with ties to

Key Terms
Jordan’s Principle

Category: Federalism, Aboriginal Rights

What is Jordan’s Principle? Jordan’s Principle is a principle that puts First Nations children’s needs first.[1] The goal of the principle is to ensure that First Nations children can access public services that are available to all other children without denial

Key Terms
Duty to consult

Category: Aboriginal Rights

What is the duty to consult? The duty to consult is a constitutional obligation that the Crown (federal, provincial, and territorial governments) has towards Aboriginal peoples.[1] The duty arises when the Crown knows or should know of a potentially existing Aboriginal

Key Terms
Treaty Rights

Category: Aboriginal Rights

‘Treaty rights’ are the rights that Aboriginal peoples have as a result of agreements they entered into with the French, British and Canadian governments, both prior to and after Confederation. These agreements include both the historic treaties, the last of

Key Terms
Sui Generis

Category: Aboriginal Rights

Sui generis is a latin phrase used in many different contexts and is generally used when referring to something that possesses unique characteristics that are not easily categorized. In the context of Canadian Aboriginal law, sui generis is a legal term describing the

Key Terms
Beaudoin-Dobbie Committee

Category: Democratic Governance, Federalism, Aboriginal Rights

One of the recommendations of the Beaudoin-Edwards Committee on the process of constitutional amendment was that a joint committee be appointed to examine the substance of any proposed constitutional changes. In the Throne Speech opening Parliament in May 1991, the

Key Terms
Aboriginal Self-Government

Category: Aboriginal Rights

‘Aboriginal self-government’ generally refers to the exercise of jurisdiction by Aboriginal peoples over their lands and the members of their nations or communities. This jurisdiction can be either inherent or delegated. Inherent jurisdiction arises from an Aboriginal right of self-government.

Articles | Chenoa Sly | July 26, 2018
Accommodating UNDRIP: Bill C-262 and the future of Duty to Consult

Category: Aboriginal Rights

Introduction In May 2018, Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, passed in the House of Commons and moved on to be considered

Articles | September 25, 2017
Reconciliation Conference a ‘turning point’ for Indigenous law | CBC News

Category: Aboriginal Rights

Article – U of A conference a ‘turning point’ for Indigenous law – CBC News (September 22, 2017)

Articles | August 9, 2016
The Mikinaks: Personal and Legal Indigenous Identity

Category: Aboriginal Rights

On December 9, 2015, the Mikinak Communauté Autochtone de la Montérégie was founded in a Montreal suburb.[1] To join this group, one must prove some sort of Indigenous ancestry and pay 80 dollars.[2] The Mikinak leadership issues members “status” cards,

Articles | Matthew Schneider | June 1, 2016
Removal of Objections to UNDRIP: Repercussions at Home and Abroad

Category: Aboriginal Rights

  On Tuesday, May 10, 2016 Canada removed its objections to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[1] UNDRIP may significantly alter the legal framework of Aboriginal rights and title in Canada, but this continues to

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