Howard Pamajewon and Roger Jones (Appellants) v Her Majesty the Queen (Respondent) and Arnold Gardner, Jack Pitchenese and Allan Gardner (Appellants) v Her Majesty the Queen (Respondent)and The Attorney General of Canada,the Attorney General of Quebec,the Attorney General of Manitoba,the Attorney General of British Columbia,the Attorney General for Saskatchewan,the Attorney General for Alberta,the Assembly of Manitoba Chiefs,the Federation of Saskatchewan Indian Nations and White Bear First Nations, and Delgamuukw et al (Interveners) [Indexed as: R v Pamajewon]

2021 ◽  
Author(s):  
Karen Drake
Keyword(s):  
British Columbia ◽  
First Nations ◽  
Attorney General ◽  
Indian Nations

De facto and de jure Crown Sovereignty: Reconciliation and Legitimation at the Supreme Court of Canada

2018 ◽  
Vol 26 (4) ◽  
pp. 25
Author(s):  
Ryan Beaton
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
First Nations ◽  
Short Story ◽  
Attorney General ◽  
Supreme Court Of Canada ◽  
Privy Council ◽  
Aboriginal Rights ◽  
The Supreme Court ◽  
Shed Light

This paper offers a short story of Crown sovereignty at the Supreme Court Canada in order to shed light on questions the Court has raised about the legitimacy of Crown sovereignty over territory claimed by First Nations. In skeletal form, the story is simple. The Crown — first Imperial British and later Canadian federal and provincial — asserted sovereignty over what is now Canadian territory, and Canadian courts (and the Judicial Committee of the Privy Council) accepted those assertions without question. Yet the Supreme Court of Canada has lately qualified Crown sovereignty in striking ways, perhaps most notably in speaking of “de facto Crown sovereignty” in reasons released in 2004.The purpose behind this qualification, in line with the Court’s Aboriginal rights and title cases since Calder v British Columbia (Attorney General), seems to be to encourage the Crown to negotiate modern treaties and settle outstandingAboriginal rights and title claims in order to perfect or legitimate Crown sovereignty. As Crown negotiations with First Nations stalled, however, the Court proceeded to develop its own framework for the procedural legitimation of Crown sovereignty, i.e. a framework of procedural safeguards designed to weed out “bad” exercises of Crown sovereignty from legitimate ones.

scholarly journals Bringing Ethics Review Home to Cowichan: Indigenizing Ethics Review in British Columbia, Canada

2021 ◽  
Vol 16 (2) ◽  
Author(s):  
Cowichan Tribes
Keyword(s):  
British Columbia ◽  
Research Ethics ◽  
First Nations ◽  
Indigenous Peoples ◽  
Preterm Births ◽  
High Rate ◽  
Community Members ◽  
Ethics Review ◽  
Research Ethics Review ◽  
United Nations Declaration

Cowichan Tribes’ territory, located in the Cowichan Valley on Vancouver Island, British Columbia, Canada, is experiencing an alarmingly high rate of preterm births compared to the national average of Indigenous Peoples in Canada. In response, and in partnership with the First Nations Health Authority (FNHA), Cowichan Tribes is in the first year of a 3-year study to investigate causes. Cowichan Tribes’ Elders and community members are guiding the study to ensure it follows Cowichan Tribes’ research processes and to support self- determination in research. Furthermore, as a way to enhance reconciliation, Elders and community members guided an on-site ethics review on Cowichan Tribes territory. This article outlines the collaborative, in-person research ethics review process that Cowichan Tribes, Island Health, and FNHA completed on August 21, 2019. The purpose of this article is to provide suggestions other First Nations could use when conducting a research ethics review, and to explain how this process aligns with the principles of ownership, control, access, and possession (OCAP®), the United Nations Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission of Canada, and above all, the Cowichan snuw’uy’ulh (teachings from Elders).

scholarly journals Cautious Optimism: Fraser v Canada (Attorney General)

2021 ◽  
Vol 30 (2) ◽  
pp. 1-14
Author(s):  
Jonnette Watson Hamilton
Keyword(s):  
British Columbia ◽  
Health Services ◽  
Adverse Effects ◽  
Negative Impact ◽  
Attorney General ◽  
The Other ◽  
Adverse Impact ◽  
Canadian Charter ◽  
The Third ◽  
Direct Discrimination

Adverse effects discrimination arises when a law that appears to be neutral on its face has a disproportionate and negative impact on members of a group identified by a protected ground.1 The discrimination is usually not as easy to see as it is in cases of direct discrimination, where distinctions are drawn by a law, program, or policy. This may be why Fraser v Canada (Attorney General)2 is only the third adverse effects claim under section 15(1) of the Canadian Charter of Rights and Freedoms3 to succeed since section 15 came into force in 1985.4 Fraser is notable simply because it is the first successful adverse effects claim in twenty-two years.5 1 Jonnette Watson Hamilton & Jennifer Koshan. “Adverse Impact: The Supreme Court’s Approach to Adverse Effects Discrimination under Section 15 of the Charter” (2015) 19:2 Rev Const Stud Studies 191 at 196 [“Adverse Impact”]. 2 2020 SCC 28 [Fraser]. 3 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. 4 The other two cases in which adverse effects claims were successful were Eldridge v British Columbia, [1997] 3 SCR 624, 151 DLR (4th) 577 [Eldridge cited to SCR] and Vriend v Alberta, [1998] 1 SCR 493, 156 DLR (4th) 385 [Vriend cited to SCR]. 5 At least five adverse effects claims made under section 15 of the Charter failed in the intervening twentytwo years: Health Services and Support — Facilities Subsector Bargaining Assn v British Columbia, 2007 SCC

scholarly journals Evaluating Attitudes towards Large Carnivores within the Great Bear Rainforest

2021 ◽  
Vol 13 (23) ◽  
pp. 13270
Author(s):  
Max C. Leveridge ◽  
Amélie Y. Davis ◽  
Sarah L. Dumyahn
Keyword(s):  
British Columbia ◽  
First Nations ◽  
Public Attitudes ◽  
Local Economy ◽  
Large Carnivores ◽  
Structured Interviews ◽  
New Ecological Paradigm ◽  
Relational Value ◽  
Positive Attitudes ◽  
Significant Difference

Cohabitation between humans and carnivores is vital to the continued existence and integrity of ecosystems, often playing a large role in the success of large carnivore conservation. We focus on interactions between humans and carnivores in the world’s largest, relatively intact temperate rainforest—The Great Bear Rainforest (GBR), British Columbia, Canada. Specifically, we focus on residents of Prince Rupert, a city within the GBR, and examine its residents’ ecological and relational attitudes towards the surrounding area of protected rainforest and the large carnivores present in the area. We aim to determine the strength of public attitudes and values of the environment and carnivores in the GBR, and to examine whether they differ between First Nations and non-First Nations residents of Prince Rupert, British Columbia. We conducted 28 semi-structured interviews of Prince Rupert residents. At the start of the interview, respondents self-administered a survey consisting of statements from the Social Ecological Relational Value and the New Ecological Paradigm scales. We find no significant difference between First Nations and non-First Nations respondent attitudes. This is possibly due to three factors: (1) cultural influence from the local First Nations, (2) the fact that these carnivores are important for the local economy through tourism, and (3) a strong sense of place associated with the area and the carnivores that inhabit it regardless of positive or negative encounters with these animals. While we find positive attitudes towards carnivores and little evidence of human–wildlife conflict, feelings towards carnivores encountered in town or while hiking tend to be negative, especially when they involve wolves. In order to mitigate these effects in a way that protects these valuable creatures, respondents overwhelmingly clamored for a conservation officer to be assigned to Prince Rupert. We conclude that policy and management might alleviate human–carnivore conflicts in the area should our results be corroborated by studies with larger sample sizes.

scholarly journals Ida Halpern: A Post-Colonial Portrait of a Canadian Pioneer Ethnomusicologist

2013 ◽  
Vol 16 (1) ◽  
pp. 41-59
Author(s):  
Kenneth Chen
Keyword(s):  
British Columbia ◽  
First Nations ◽  
Coast Salish ◽  
Factors Affecting ◽  
Post Colonial ◽  
Musical Development

The work of Ida Halpern (1910–87), one of Canada's first musicologists and a pioneer ethnomusicologist, has been largely ignored. This essay illuminates her most important contribution to the musical development of this country: the documentation of Native musics. Halpern devoted some four decades to recording and analyzing over five hundred songs of the Kwakwaka'wakw, the Nuuchahnulth, the Haida, the Nuxalk, and the Coast Salish First Nations of British Columbia—a truly remarkable achievement considering that a large part of her fieldwork was conducted during a period when it was illegal for Native cultures to be celebrated, much less preserved. The author discusses the strengths and weaknesses of her methodology as well as some factors affecting the reception of her work by academic peers and by the communities she worked with. While Halpern did not always thoroughly investigate context, she endeavoured to write heteroglossically and to invent a theory that accounted for the music of these songs.

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