Building on Critical Approaches to International Law with Lessons from the Fourth World
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The Allocation of Burdens in Litigation Between First Nations and the Crown Michael Wilfred Posluns
Osgoode Hall Law School of York University Osgoode Digital Commons LLM Theses Theses and Dissertations 2014 The Allocation of Burdens in Litigation Between First Nations and the Crown Michael Wilfred Posluns Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/llm Part of the Indian and Aboriginal Law Commons Recommended Citation Posluns, Michael Wilfred, "The Allocation of Burdens in Litigation Between First Nations and the Crown" (2014). LLM Theses. 7. http://digitalcommons.osgoode.yorku.ca/llm/7 This Thesis is brought to you for free and open access by the Theses and Dissertations at Osgoode Digital Commons. It has been accepted for inclusion in LLM Theses by an authorized administrator of Osgoode Digital Commons. The Allocation of Burdens in Litigation Between First Nations and the Crown Michael Posluns A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAW GRADUATE PROGRAM IN LAW OSGOODE HALL LAW SCHOOL, YORK UNIVERSITY TORONTO, ONTARIO December 2013 © Michael Posluns, 2013 ABSTRACT This thesis is about two inter-related matters: first, the allocation of burdens of proof in litigation between First Nations and the Crown; and, secondly, the reaction or response of the Crown to the Court’s allocations of burdens, as evidenced in the subsequent cases. Since “burdens of proof” refers to matters of fact and evidence, I refer simply to “burdens”, emphasizing that, I mean all the burdens allocated by a Court and which the Court expects the parties to discharge in order for their case to succeed. My initial interest was in the response of the Crown to the allocation of burdens by the Court and related admonitions. -
Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State
We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State by Amar Bhatia A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Faculty of Law University of Toronto © Copyright by Amar Bhatia 2018 We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State Amar Bhatia Doctor of Juridical Science Faculty of Law University of Toronto 2018 Abstract This dissertation proposes re-asserting Indigenous legal authority over immigration in the face of state sovereignty and ongoing colonialism. Chapter One examines the wider complex of Indigenous laws and legal traditions and their relationship to matters of “peopling” and making and maintaining relations with the land and those living on it. Chapter Two shows how the state came to displace the wealth of Indigenous legal relations described in Chapter One. I mainly focus here on the use of the historical treaties and the Indian Act to consolidate Canadian sovereignty at the direct expense of Indigenous laws and self- determination. Conventional notions of state sovereignty inevitably interrupt the revitalization of Indigenous modes of making and maintaining relations through treaties and adoption. Chapter Three brings the initial discussion about Indigenous laws and treaties together with my examination of Canadian sovereignty and its effect on Indigenous jurisdiction over peopling. I review the case of a Treaty One First Nation’s customary adoption of a precarious status migrant and the related attempt to prevent her removal from Canada on this basis. While this attempt was ii unsuccessful, I argue that an alternative approach to treaties informed by Indigenous laws would have recognized the staying power of Indigenous adoption. -
UC Berkeley Electronic Theses and Dissertations
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Partial Histories: Constituting a Conflict between Women's Equality Rights and Indigenous Sovereignty in Canada Permalink https://escholarship.org/uc/item/59c8k7c0 Author Painter, Genevieve Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Partial Histories: Constituting a Conflict between Women's Equality Rights and Indigenous Sovereignty in Canada by Genevieve Painter A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge Professor Calvin K. Morrill, Chair Professor Leti P. Volpp Professor Marianne Constable Fall 2015 Abstract Partial Histories: Constituting a Conflict between Women's Equality Rights and Indigenous Sovereignty in Canada by Genevieve Painter Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Calvin K. Morrill, Chair This dissertation is a history of an idea, a retelling of a simple story about an idea as a complicated one, and an explanation of the effects of believing the simple story. From 1869 to 1985, to be an Indian in the eyes of the Canadian state – to be a “status Indian” – a person had to have a status Indian father. The Canadian government registered a population of Indigenous people as status Indians and decided that Indian status passed along the male line. If an Indian man married a non-Indian woman, his wife gained status and their children were status Indians. In contrast, if a status Indian woman married a non-Indian man, she lost her Indian status, and her children were not status Indians. -
Jolene Rickard Lecture 2017
Jolene Rickard Lecture 2017 Jolene Rickard Lecture 2017 [email protected] https://scribie.com/files/1d97ba2c089f4e3d9b808591fab1f3c330f4cf11 04/06/21 Page 1 of 18 Jolene Rickard Lecture 2017 [pause] [foreign language] 0:00:09.5 Skawennati: Good evening everyone. Skawennati. My name is Skawennati and I am here to welcome all of you, but especially Jolene Rickard to [0:00:24.5] ____, so Jolene is a fellow Hodinöhsö: Ni confederacy member. And so it would be weird to welcome her to Hodinöhsö: Ni territory because she is just coming from the other side, so it©s very wonderful to have you here Jolene and we©re all looking forward to hearing the good words you have to share with us. [foreign language] 0:00:51.7 Martha: Thank you everyone. [foreign language] 0:01:04.2 Martha: Welcome all of you, on behalf of the Department of Art History, which is the sponsor of speaking of photography. And I©m of course, only half of the organizers tonight I feel like considerably less than half of the organizers when I see such an amazing team here for the future imaginary, so it©s a very, very great pleasure to have been working with Jason, Skawennati and now to be able to welcome Jolene. 0:01:37.6 Martha: When this was first proposed to me, I began to think about how long it had been since I had heard Jolene speak and Jolene and I decided not to speak of that this evening [chuckle] because it©s been a very, very long time since photographic studies and indigenous photography began to bubble up and work together sometime in the ©80s, certainly not as satisfactorily as it does today, so thanks to these kinds of collaborations. -
Dismantling Colonialism, Building Understanding by Neil Kohlmann
An Advisory Research Paper for the Mosaic Institute Dismantling Colonialism, Building Understanding By Neil Kohlmann 2 Bloor St W, PO BOX 100 [email protected] Toronto ON, M4W 3E2 mosaicinstitute.ca 416 644 6000 (EXT 680) @MosaicInstitute Dismantling Colonialism, Building Understanding An Advisory Research Paper for the Mosaic Institute Table of Contents Acknowledgements.......................................................................................................................................... 03 Note from the Author........................................................................................................................................ 04 A Note on Definitions........................................................................................................................................ 06 About the Mosaic Institute.............................................................................................................................. 08 The National Inquiry into Missing and Murdered Indigenous Women and Girls............................. 10 The Elements of a Network of Understanding........................................................................................... 11 Settler-Colonial Hegemony.................................................................................................................12 Colonial Structures...............................................................................................................................14 Confronting Genocide.........................................................................................................................17 -
SCHWEIZER REVUE Die Zeitschrift Für Auslandschweizer Januar 2019
SCHWEIZER REVUE Die Zeitschrift für Auslandschweizer Januar 2019 Julien rennt: Wie ein Genfer in Kenia den sportlichen Olymp anpeilt Vor den nationalen Wahlen: Wie die aktuelle politische Landschaft der Schweiz aussieht Snowfarming: Wie Skigebiete mit Schnee von gestern versuchen, dem Klimawandel zu trotzen Ein Newsletter für einen besseren Informationsaustausch Der «ASO Info» Newsletter der Auslandschweizer-Organisation (ASO) wird sechs Mal pro Jahr elektronisch verschickt und berichtet über die Aktivitäten der ASO und über Themen, welche die Fünfte Schweiz betreffen. Abonnieren Sie unseren Newsletter und bleiben Sie informiert, egal wo Sie sind: www.aso.ch/de/information/newsletter SwissCommunity-Partner: International Insurance Inhalt Editorial 3 Kurzes Gewitter, langes Donnergrollen 5 Briefkasten Friedlich, neutral, der humanitären Tradition ver- pflichtet: So sehen viele die Schweiz. Viele sehen sie 6 Schwerpunkt zudem als ganz schön wehrhaft. Die eigene Armee Die politische Landschaft und die schweizerische Rüstungsindustrie sind der Schweiz vor den Wahlen Ausdruck davon. Was Schweizer Waffenschmiede fertigen, kommt aber auch in ausländischen Armeen 10 Sport und Polizeien zum Einsatz: Die Schweiz exportiert Julien Wanders eilt der Rüstungsgüter. Das ist immer auch eine Gratwande- Weltspitze entgegen rung zwischen moralischem Anspruch und Geschäftssinn. Grundsätzlich tabu sind daher Waffenexporte in kriegsführende Länder. 12 Wissen Im Sommer 2018 rüttelte der Bundesrat an diesem Tabu. Er kündigte an, Wintersportorte wollen mit Schnee -
Toward Sustainable Self-Determination: Rethinking the Contemporary Indigenous-Rights Discourse
Alternatives 33 (2008), 105–132 Toward Sustainable Self-Determination: Rethinking the Contemporary Indigenous-Rights Discourse Jeff Corntassel* More than eighty years since Chief Deskaheh petitioned the League of Nations for Haudenosaunee self-determination, it is becoming clearer that the existing rights discourse can take in- digenous peoples only so far. States and global/regional forums have framed self-determination rights that deemphasize the re- sponsibilities and relationships that indigenous peoples have with their families and the natural world (homelands, plant life, animal life, etc.) that are critical for the health and well-being of future generations. What is needed is a more holistic and dy- namic approach to regenerating indigenous nations, and I pro- pose the concept of sustainable self-determination as a benchmark for future indigenous political mobilization. Utilizing case stud- ies of indigenous community regeneration such as the Native Federation of Madre de Dios (FENAMAD) in Peru and the White Earth Land Recovery Project (WELRP) on Turtle Island as well as analyzing the existing research on rights, political mobilization, and ecosystems, this article identifies alternatives to the existing rights discourse that can facilitate a meaningful and sustainable self-determination process for indigenous peo- ples around the world. Overall, findings from this research offer theoretical and applied understandings for regenerating indigenous nationhood and restoring sustainable relationships on indigenous homelands. KEYWORDS: indigenous, sustainable self-determination, rights, responsibilities, livelihoods *Indigenous Governance Programs, Faculty of Human and Social Development, PO Box 1700, STN CSC, University of Victoria, Victoria, BC, V8W 2Y2, Canada. E-mail:ctassel@ uvic.ca 105 106 Toward Sustainable Self-Determination It is still true that the first part of self-determination is the self. -
CHA SHC 2006 Bulletin Canadian Historical Association - Société Historique Du Canada
Volume 32.3 CHA SHC 2006 Bulletin Canadian Historical Association - Société historique du Canada Inside/Sommaire HISTORY DEBATES THE ISSUES History Debates the Issues L’HISTOIRE DANS LE DÉBAT PUBLICS : 1 L’histoire dans le débat publics : 1 Some Military Historical Reflections SOME MILITARY-HISTORICAL REFLECTIONS on Afghanistan By Desmond Morton ................................... 1, 4-6 ON AFGHANISTAN Editors’ Note / Note de la rédaction ........... 2 By Desmond Morton Félicitations ! / Congratulations! Par / by Margaret Conrad ............................ 7 For the past year, Canadians have been waking up about once a week on average to learn that a fellow Canadian, perhaps even three or four of us, have been Recherches en cours / Research Underway La culture politique contemporaine killed or terribly mangled somewhere in Afghanistan. Early on September 18, as Par Martin Paquet ...................................... 8 I set out to try to explain all this to the Canadian Women’s Club of Montreal Situating Quebec in Global why this was happening, we learned that four more had been killed by an elderly Environmental History suicide bomber on a bicycle. So why are we in Afghanistan? Or, to get closer to By Liza Piper and Shannon Stunden Bower Translation by Stephan Gervais .....................9 the nub, why are Canadian soldiers killing and being killed in a dusty, impover- Positionner le Québec dans l’histoire ished corner of the world almost none of us have ever seen? environnementale mondiale Par Liza Piper et Shannon Stunden Bower ...... 9 Let me confess right away. I would just as soon not see the Canadian Forces in History Debates the Issues Afghanistan. That is NOT because our soldiers are dying or, worse in some minds, L’histoire dans le débat publics : 2 are killing others. -
CHAPTER VI © UNICEF/NYHQ1995-0720/Balaguer STATE of the WORLD’S INDIGENOUS PEOPLES CHAPTER VI
STATE OF THE WORLD’S INDIGENOUS PEOPLES CHAPTER VI © UNICEF/NYHQ1995-0720/Balaguer STATE OF THE WORLD’S INDIGENOUS PEOPLES CHAPTER VI HUMAN RIGHTS By Dalee Sambo Dorough Early conceptions of natural rights, and later human rights, in some ways share certain parallels or philosophical strains with the general practices, customs and values of indigenous societies: the social contract, the common good, the general will, equality and so forth. There are a number of notable distinctions or additional elements, however. For example, indigenous concepts are not confined to human beings but include all living things, underscoring an essential, unique element of the relationship of indigenous peoples to nature and their natural world that has permeated indigenous identity and is at the core of their world views and perspectives. The collective rather than individualistic nature of indigenous societies is another important attribute that has surfaced repeatedly in all international and regional human rights standard setting discussions. The narrow view of rights attaching only to individuals is regarded as wholly insufficient for the distinct cultural context of indigenous peoples. The collective dimension of indigenous societies cannot therefore be underestimated in the development and implementation of human rights standards concerning indigenous peoples. Other notable distinctions include the values of honour, respect for one another, deference to Elders, family and kinship and related roles, sharing, cooperation, humour, knowledge of language, customs and traditions, compassion, humility, avoidance of conflict, spirituality,1 peace and harmony. These and other values are common to many, if not all, indigenous communities.2 The concept of having responsibilities to the collective rather than simply enjoying rights is a widely found component of indigenous cultures. -
International Law/The Great Law of Peace
INTERNATIONAL LAW/THE GREAT LAW OF PEACE A Thesis Submitted to the College of Graduate Studies and Research in Partial Fulfillment of the Requirement for a Masters Degree in the College of Law University of Saskatchewan Saskatoon By Beverley Jacobs Spring 2000 © Copyright Beverley Jacobs, 2000 . All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirements for a graduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done . It is understood that any copying or publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission . It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis . Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the College of Law University of Saskatchewan Saskatoon, Saskatchewan S7N 5A6 i ACKNOWLEDGEMENTS First of all, this thesis is dedicated to the Hodinohso :m Confederacy, including the Hodiyanehso, the clanmothers, the people, clans and families who have remained strong and true to our traditional way of life . -
Decolonization, Indigenous Internationalism, and the World Council of Indigenous Peoples
Decolonization, Indigenous Internationalism, and the World Council of Indigenous Peoples by Jonathan Crossen A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Doctor of Philosophy in History Waterloo, Ontario, Canada, 2014 ©Jonathan Crossen 2014 AUTHOR'S DECLARATION I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract This dissertation investigates the history of the World Council of Indigenous Peoples (WCIP) and the broader movement of Indigenous internationalism. It argues that Indigenous internationalists were inspired by the process of decolonization, and used its logic to establish a new political identity. The foundation of the WCIP helped create a network of Indigenous peoples that expressed international solidarity between historically unconnected communities. The international efforts of Indigenous activists were encouraged both by personal experiences of international travel and post-secondary education, and by the general growth of international non-governmental organizations during the late twentieth century. The growing importance of international non-governmental organizations helped the WCIP secure funding from international developmental aid agencies, a factor which pushed the organization to increase its focus on apolitical economic development relative to the anti-colonial objectives which inspired its foundation. This dissertation examines how Indigenous international organizations became embroiled in the Cold War conflict in Latin America, and the difficulties this situation posed for both the WCIP and the International Indian Treaty Council. -
United States Finally Endorses Historic United Nation's Declaration
NATIVE AMERICAN RIGHTS FUND United States Finally Endorses Historic United Nation’s Declaration On The Rights Of Indigenous Peoples A. Introduction Three decades of worldwide effort by indige- “….the United States is lending its support to nous peoples resulted in an historic victory in this declaration. The aspirations it affirms – the United Nations General Assembly on including the respect for the institutions and September 13, 2007, when that body adopted the rich cultures of Native peoples – are ones we Declaration on the Rights of Indigenous Peoples must always seek to fulfill...But I want to be (Declaration) by an overwhelming majority.1 clear: What matters far more than words – 143 Yes, 4 No, 11 Abstaining. The four countries what matters far more than any resolution or who voted against the Declaration were the declaration – are actions to match those United States, Canada, New Zealand, and words.” — President Barack Obama Australia. One by one the dissenting countries have reversed their votes. The United States was spirituality, land rights, and rights to intellectual the last country to do so, on December 16, 2010. property; thereby providing some balance to an That means that there is no country in the world international rights framework based largely that now opposes the Declaration. In addition, on individual rights. Since 1999, senior staff two of the abstaining countries have now attorney Kim Gottschalk of the Native American endorsed the Declaration.2 Rights Fund (NARF) has worked with our client, The Declaration affirms the collective rights of the National Congress of American Indians (NCAI), Indigenous Peoples as human rights across a and indigenous peoples worldwide, in the process broad range of areas including self-determination, of elaborating and supporting the Declaration.