A Dialogue on the Effects of Aboriginal Rights Litigation and Activism on Aboriginal Communities in Northwestern British Columbia

2003 ◽  
Vol 47 (3) ◽  
Author(s):  
Richard Daly ◽  
Val Napoleon
Keyword(s):  
British Columbia ◽  
Aboriginal Rights ◽  
Aboriginal Communities

Aboriginal Communities and Suicide

1996 ◽  
Vol 4 (4) ◽  
pp. 195-199 ◽  
Author(s):  
Ernest Hunter
Keyword(s):  
Identity Crisis ◽  
Aboriginal Rights ◽  
Aboriginal Communities

Collective despair, or collective lack of hope, will lead us to collective suicide. This type of suicide can take many forms, foreshadowed by many possible signs: identity crisis, loss of pride, every kind of dependence, denial of our customs and traditions, degradation of our environment, weakening of our language, abandonment of our struggle for our Aboriginal rights, our autonomy and our culture, uncaring acceptance of violence, passive acknowledgment of lack of work and unemployment, corruption of our morals, tolerance of drugs and idleness, parental surrendering of responsibilities, lack of respect for elders, envy of those who try to keep their heads up and who might succeed, and so on.

Canadian Supreme Court: Delgamuukw V. British Columbia

1998 ◽  
Vol 37 (2) ◽  
pp. 261-333
Author(s):  
Catherine Bell
Keyword(s):  
British Columbia ◽  
Legal Reasoning ◽  
Legal Rights ◽  
Aboriginal Rights ◽  
Canadian Law ◽  
Aboriginal Title ◽  
British Colonial ◽  
Potential Impact ◽  
British Colonies

Delgamuukw v. B.C. is a pivotal decision in the evolution of Canadian law on Aboriginal rights.Numerous meetings, round-tables, workshops and conferences have been held to discuss its potential impact on litigation and negotiation.1 Delgamuukw has also served as a vehicle for discussion of more fundamental issues such as the appropriateness of selecting the judicial forum to resolve Aboriginal title claims and the role of legal reasoning in furthering the process of colonization.2 Given the influence of British colonial law on the development of Aboriginal rights jurisprudence in former British colonies and the restrictions placed by evidentiary presumptions originating in English courts, Delgamuukw may also have persuasive precedential value outside of Canada. In particular, the Supreme Court's elaboration of the concept of Aboriginal rights and its discussion of the weight to be given to oral histories may influence other commonwealth courts which face the demanding task of accommodating the rights of colonized peoples within a contemporary political and legal rights regime.3

scholarly journals Settling the Fisheries: Pre-Confederation Crown Policy in Upper Canada and the Supreme Court's decisions in R. v. NIKAL and LEWIS

2014 ◽  
Vol 31 (1) ◽  
pp. 87-172
Author(s):  
Peggy J. Blair
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Upper Canada ◽  
Aboriginal Rights ◽  
Fishing Rights ◽  
The Supreme Court ◽  
The Subject

Although a casual reading of the Supreme Court of Canada's decisions in R. v. Nikal and R. v. Lewis might suggest otherwise, this article will argue that Court's decisions in two recent British Columbia aboriginal fishing cases do not apply in Ontario. In doing so, it will be shown that the Supreme Court of Canada relied on evidence of historic Crown policies towards aboriginal fishing rights in Upper Canada in the absence of appropriate context as to when, how and why those policies evolved. As a result, the Court wrongly concluded that fisheries could not be the subject of exclusive aboriginal rights.

Culture and the Courts: A New Direction in Canadian Jurisprudence on Aboriginal Rights?

2001 ◽  
Vol 34 (1) ◽  
pp. 109-129 ◽  
Author(s):  
Michael Murphy
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Well Being ◽  
Aboriginal Peoples ◽  
Aboriginal Rights ◽  
Aboriginal Communities ◽  
Legal Recognition ◽  
The Right

This article explores the implications of changes in Canadian Supreme Court jurisprudence on Aboriginal rights since the 1990s. While recognizing the Court's valuable contributions in the period from Calder to Sparrow, the author argues that the 1996 Van der Peet decision deals a serious blow to the legal status of Aboriginal rights, particularly the right to self-government. The standard of legal recognition established in Van der Peet constitutes a decided step back from the Court's prior jurisprudence, and is insufficient as a means of securing its stated ends: the survival and well-being of Aboriginal communities and cultures. The author concludes by arguing that the Court can repair the recent damage it has done to Aboriginal rights by revisiting the concept of the quasinational status granted to Aboriginal peoples within the context of the sui generis Crown-Aboriginal relationship.

scholarly journals Evaluation of a mobile diabetes care telemedicine clinic serving Aboriginal communities in northern British Columbia, Canada

2004 ◽  
Vol 63 (sup2) ◽  
pp. 124-128 ◽  
Author(s):  
Andrew J. Jin ◽  
David Martin ◽  
David Maberley ◽  
Keith G. Dawson ◽  
David W. Seccombe ◽  
...  
Keyword(s):  
British Columbia ◽  
Diabetes Care ◽  
Aboriginal Communities

scholarly journals “Irreconcilable? The Duty to Consult and Administrative Decision Makers”

2013 ◽  
Vol 22 (1) ◽  
pp. 63 ◽  
Author(s):  
Janna Promislow
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Decision Makers ◽  
Usual Sense ◽  
Aboriginal Rights ◽  
New Era ◽  
Legal Remedy ◽  
Institutional Structures ◽  
The Supreme Court ◽  
Aboriginal Law

Haida Nation v British Columbia (Minister of Forests) ushered in a new era in Aboriginal law. In contrast to the emphasis on history in section 35’s first 20 years, the Haida Nation era offered a determinedly forward-looking approach to the reconciliation purposes ascribed to Aboriginal rights by the Supreme Court. Under the Haida Nation paradigm, and the duty to consult and accomodate it imposed on the Crown in relation to pre-proof aboriginal rights claims, reconciliation is a process that “begins with the assertion of sovereignty and continues beyond formal claims resolution. Reconciliation is not a final legal remedy in the usual sense.” Nine years after Haida Nation, the legal parameters and the institutional structures involved in implementing the duty to consult and this new direction remain incomplete and formative.

Aboriginal Rights and Sustainable Development in Canada

1999 ◽  
Vol 48 (1) ◽  
pp. 176-186
Author(s):  
Jane Matthews Glenn ◽  
Anne C. Drost
Keyword(s):  
British Columbia ◽  
Sustainable Development ◽  
Supreme Court ◽  
Agricultural Area ◽  
Supreme Court Of Canada ◽  
Aboriginal Rights ◽  
The Supreme Court ◽  
Aboriginal Title

This article explores briefly the relation between aboriginal rights and sustainable development in Canada, using as a vehicle for discussion the decision of the Supreme Court of Canada in Delgamuukw v. British Columbia.1 This case involved claims by the Houses of Gitksan and Wet'suwet'en, comprising some 6,000 to 7,000 persons, to aboriginal title over separate portions of approximately 58,000 square kilometres of land in the interior of British Columbia. The territory is a rich agricultural area with vast forests and abundant wildlife.

scholarly journals Aboriginal Business Capacity Building Programs in the Central Interior of British Columbia: A Collaborative Project Between the University and Communities

2010 ◽  
Vol 37 (1) ◽  
Author(s):  
Titi Kunkel ◽  
Blanca Schorcht ◽  
Randall Brazzoni
Keyword(s):  
British Columbia ◽  
Capacity Building ◽  
Mountain Pine Beetle ◽  
Pilot Project ◽  
Aboriginal Communities ◽  
Certificate Program ◽  
Workplace Experience ◽  
Employment Participation ◽  
The University ◽  
Building Project

Aboriginal communities in Canada are typically marginalized, have very low employment participation rates, and have limited economic infrastructure. The downturn in global economies further marginalized these communities. The University of Northern British Columbia’s (UNBC) Continuing Studies department piloted an Aboriginal and Small Business Leadership Certificate program in the central interior of British Columbia (BC) between November 2008 and May 2009. The aim of the program was to address some of the issues faced by Aboriginal communities affected by the mountain pine beetle infestation in central BC. The success of the pilot project led UNBC Continuing Studies to collaborate with some communities in the central interior of BC to access funds through the federal government’s Community Adjustment Funds initiative in order to develop and deliver a business capacity building project. The project consisted of a certificate program with enhanced Aboriginal content and an internship program to provide workplace experience for students. This paper reports on the practice of community engagement and learning as a result of this project.

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