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 . It’s fascinating to look closely […]
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 approached […]
Role of the Organization of American States in Canadian Human Rights: Part 2
This is a continuation of an earlier column about the Report on Murdered and Missing Indigenous Women in British Columbia, Canada which was issued in December 2014 by the Inter-American Commission on Human Rights (“IACHR”) of the Organization of American States. The Report concludes with a series of recommendations to Canada [emphasis added]: The IACHR […]
Viewpoint 39-5: Hundreds of recommendations go unimplemented
Legal Strategy Coalition demands greater government commitment and accountability to ending violence against Indigenous women and girls An alarming study released recently shows that governments in Canada have repeatedly ignored expert recommendations to stop violence against Indigenous women and girls. Researchers with the Legal Strategy Coalition on Violence Against Indigenous Women reviewed 58 reports […]
The Indian Act: Can it be abolished?
Two simple observations are made so often about the Indian Act as to amount to clichés: That the 1876 Act is still with us, and that it should be “abolished.” The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has […]
A Circumpolar Inuit Declaration on Sovereignty in the Arctic
We, the Inuit of Inuit Nunaat, declare as follows: 1. Inuit and the Arctic 1.1 Inuit live in the Arctic. Inuit live in the vast, circumpolar region of land, sea and ice known as the Arctic. We depend on the marine and terrestrial plants and animals supported by the coastal zones of the Arctic Ocean, […]
Role of the Organization of American States in Canadian Human Rights
Recently, the Inter-American Commission on Human Rights of the Organization of American States (OAS) said that there should be an inquiry in Canada into the country’s missing and murdered indigenous women and girls. The seven-member panel concluded that the disappearances and murders are part of a larger pattern of discrimination. The report said: “addressing violence […]
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 health and emotional well-being; the views of the child if […]
Aboriginal right – or wrong?
Two eleven-year-old girls from neighbouring First Nations in southwestern Ontario were diagnosed last year with acute lymphoblastic leukemia, a cancer of the bone marrow. Both received chemotherapy, then stopped. One has died. Makayla Sault of the Missisaugas of the New Credit, after eleven weeks, told her parents that the treatments were “killing her,” and discontinued […]
Bench Press 39-3: Tragic Tale of Two Girls
Two young aboriginal girls both had been diagnosed with the same type of aggressive cancer and both were receiving chemotherapy for their illness. In both cases, their mothers decided to withdraw their children from conventional cancer treatment and pursue aboriginal healing methods. In one case, the hospital asked the Children’s Aid Society to intervene and […]
