In late January, 2016, the Canadian Human Rights Tribunal (Tribunal) ruled that children living on First Nations reserves have been discriminated against because of underfunding of education and child welfare. (see: First Nations Child and Family Caring Society of Canada et al v Attorney General of … [Read more...]
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 The first of these is technically false; the 1876 Act was repealed in 1951, and replaced with the Act we have today, though it has been … [Read more...]
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, … [Read more...]
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, … [Read more...]
The Right of First Nations Peoples to a Representative Jury
On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
Bench Press 38-6: Court Decision an “Earthquake”
Both the land and the legal landscape underwent a transformation recently as a result of a Supreme Court of Canada decision. The Court ruled for the first time that an Aboriginal nation has title to a remote piece of beautiful land in British Columbia. The Court wrote: “The nature of Aboriginal … [Read more...]
Researching Aboriginal Law
Aboriginal law is a diverse and complex topic, which encompasses issues such as land claims, hunting and fishing rights, residential school settlements and self-government, among others. This article outlines some of the key legal documents, useful Internet sites, databases and other resources … [Read more...]
Aboriginal Children and Child Welfare Policies
Although nearly everyone has heard the term, “Residential Schools,” it would appear that few really have a proper comprehension of the cruel realities and shame of Canada’s collective history. With its origins in “civilizing the ‘petits sauvages’” [1] for the purpose of serving as wives and mothers … [Read more...]
The Indian Act – Exemption from Taxation
The Canada Revenue Agency notes on its website that “We recognize that many First Nations people in Canada prefer not to describe themselves as Indians. However, we use the term Indian because it has a legal meaning in the Indian Act.” For the same reason, the author uses the term in this … [Read more...]
Indian Residential Schools: A Chronology
This chronology was compiled to convey, by historic milestones, how the Indian Residential School system came to be, how it embodied attitudes of its time, how critics were dismissed, and how, finally, the deep harm it did to many members of generations of Indian children was exposed in the course … [Read more...]