The Canadian Human Rights Act sets out prohibited grounds of discrimination under s. 3(1): For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, … [Read more...]
An Indigenous Perspective to Canada’s 150th Birthday
This year, there are many celebrations for Canada’s 150th birthday. What we are really commemorating is the British North America Act 1867 (BNA Act 1867) which established our country’s Constitution. The BNA Act 1867 has since been renamed the Constitution Act 1982 after the repatriation of our … [Read more...]
Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
In British Columbia, the Director representing the Ministry of Children and Family Development must notify the Aboriginal community (i.e. Indian Band) when there are child protection concerns such as removal of a child from their parents. Under the Child, Family and Community Services Act … [Read more...]
New West Lands Reserve: Parts Unknown
In 1763, after the Treaty of Paris, a map was published by, Robert Sayer: A New Map of North America, with the British, French, Spanish, Dutch & Danish Dominions on that great Continent; and the West India Islands, According to the Definitive Treaty concluded at Paris 10th February 1763 … [Read more...]
Access to Justice: Potential Alternatives for Indigenous Peoples
About a year ago, there had been some publicity concerning Louie v. Louie BCCA, a court case where I acted as barrister and solicitor for an intervenor at the B.C. Court of Appeal. The case had involved a band member who sued his Chief and Council for a breach of fiduciary obligation. I was … [Read more...]
Era of Reconciliation: A Sacred Relationship
The truth be told, Canada’s dealing with its Indigenous populations has a dismal historical record. The Truth and Reconciliation Commission has faced this issue head on. In its report, it states: Residential schooling was only a part of the colonization of Aboriginal people. The policy of … [Read more...]
The Best Interests of the Aboriginal Child
In the British Columbia Family Law Act, (FLA) Part 4, Division 7 – Extra-provincial Matters Respecting Parenting Arrangements, there is legislation designed to ensure the best interests of the child are met. The Court is guided by best interests on numerous factors including: the child’s … [Read more...]