scholarly journals Engaging Respectfully with Indigenous Knowledges Copyright, Customary Law, and Cultural Memory Institutions in Canada

2021 ◽  
Author(s):  
Ann Ludbrook ◽  
Victoria Owen ◽  
Kim Nayyer ◽  
Camille Calliston
Keyword(s):  
First Nations ◽  
Cultural Memory ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Customary Law ◽  
Indigenous Knowledges ◽  
Knowledge Repositories ◽  
Constitutional Protections ◽  
Inuit Peoples ◽  
Joint Authorship

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation.

scholarly journals Engaging Respectfully with Indigenous Knowledges Copyright, Customary Law, and Cultural Memory Institutions in Canada

2021 ◽  
Author(s):  
Ann Ludbrook ◽  
Victoria Owen ◽  
Kim Nayyer ◽  
Camille Calliston
Keyword(s):  
First Nations ◽  
Cultural Memory ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Customary Law ◽  
Indigenous Knowledges ◽  
Knowledge Repositories ◽  
Constitutional Protections ◽  
Inuit Peoples ◽  
Joint Authorship

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation.

scholarly journals Engaging Respectfully with Indigenous Knowledges

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Camille Callison ◽  
Ann Ludbrook ◽  
Victoria Owen ◽  
Kim Nayyer
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Cultural Memory ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Indigenous Knowledges ◽  
Knowledge Repositories ◽  
Constitutional Protections ◽  
Inuit Peoples ◽  
Joint Authorship

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation. 

scholarly journals Cannabis, Reconciliation, and the Rights of Indigenous Peoples: Prospects and Challenges for Cannabis Legalization in Canada

2019 ◽  
Author(s):  
Konstantia Koutouki ◽  
Katherine Lofts
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Legal Framework ◽  
New Era ◽  
Real Risk ◽  
Inuit Peoples

The provisions of the federal Cannabis Act came into force on 17 October 2018, opening a new era of cannabis management in Canada. We examine cannabis in Canada through the lens of reconciliation and the rights of First Nations, Métis, and Inuit peoples. There is potential for Indigenous communities to benefit from cannabis legalization, but also a very real risk that the new legal framework will simply perpetuate existing injustices. We show that the new legislation is inadequate both in terms of lack of consultation with Indigenous communities, as well as in terms of substantive provisions — and omissions — in the legislation itself.

The Terms of Our Surrender: Colonialism, Dispossession and the Resistance of the Innu

2021 ◽  
Author(s):  
Elizabeth Cassell
Keyword(s):  
First Nations ◽  
Land Tenure ◽  
Legal Framework ◽  
Land Ownership ◽  
Fiduciary Duty ◽  
Eastern Canada ◽  
Nations People ◽  
Natural Land ◽  
First Nations People ◽  
Indigenous Land

Based on extensive fieldwork and oral history, The Terms of Our Surrender is a powerful critical appraisal of unceded indigenous land ownership in eastern Canada. Set against an ethnographic, historical and legal framework, the book traces the myriad ways the Canadian state has successfully evaded the 1763 Royal Proclamation that guaranteed First Nations people a right to their land and way of life. Focusing on the Innu of Quebec and Labrador, whose land has been taken for resource extraction and development, the book strips back the fiduciary duty to its origins, challenging the inroads which have been made on the nature and extent of indigenous land tenure—arguing for preservation of land ownership and positioning First Nations people as natural land defenders amidst a devastating climate crisis. It offers a voice to the Innu people, detailing the spirituality practices, culture and values that make it impossible for them to willingly cede their land. The text is intended to bridge the gap in knowledge between legal practitioners and those working at the intersections of human rights, social work and public policy. The book offers a potent template for how we can use the law to fight back against the indignities suffered by all indigenous peoples.

scholarly journals Policy Forum: In Defence of the First Nations Fiscal Management Act

2021 ◽  
Vol 69 (3) ◽  
pp. 829-833
Author(s):  
André Le Dressay
Keyword(s):  
First Nations ◽  
Financial Management ◽  
Indigenous Rights ◽  
Supreme Court Of Canada ◽  
Administrative Capacity ◽  
Fiscal Management ◽  
Debt Capital ◽  
The Supreme Court ◽  
Governmental Power ◽  
Policy Forum

The debate with respect to the recognition of Indigenous rights, title, and jurisdiction has largely been won. It has now moved to how best to implement those rights, title, and inherent jurisdictions. For Indigenous taxation jurisdiction, implementation must address challenges related to taxpayer representation, concurrent jurisdiction, service agreements with other governments, administrative capacity, financial management, and access to public debt capital at competitive rates. In this article, the author argues that the First Nations Fiscal Management Act (FMA) has been successful in overcoming these challenges. The FMA has protected and expanded Indigenous tax jurisdiction through standards and institutional support. As a result, it represents an effective path for interested Indigenous governments "to exercise [their] inherently governmental power of taxation" affirmed by the Supreme Court of Canada in <i>Matsqui Indian Band</i>, and to expand their use of that power.

scholarly journals Justice on Turtle Island: Continuing the evolution of policing with First Nations, Métis and Inuit Peoples in Canada

2016 ◽  
Vol 1 (2) ◽  
pp. 44
Author(s):  
Robert (Bob) Chrismas
Keyword(s):  
First Nations ◽  
Restorative Justice ◽  
Social Innovation ◽  
Social Issues ◽  
Community Mobilization ◽  
Culturally Sensitive ◽  
Criminal Courts ◽  
Conflict Intervention ◽  
Inuit Peoples ◽  
The Relationship

The relationship between policing and Canada’s First Nations and Métis peoples has historically been strained, and these tensions continue trans-generationally. This social innovation paper explores the possibility of integrating two effective paradigms that might positively enhance the relationship between policing and First Nations, Métis and Inuit peoples of Canada. The first is increased multi-sectoral collaboration around social issues, based on proven models such as Prince Albert Saskatchewan’s community mobilization initiative. The second is finding culturally sensitive alternatives to criminal courts by diverting cases into restorative justice processes that resonate more closely with Indigenous beliefs. These approaches would focus more on restoring community balance than pitting adversaries against one another in the mainstream criminal courts. Proposed for consideration is widening the restorative justice circle to include multi-sectoral resources to reduce the chances of re-offending and enhance conflict intervention and resolution.

Indigenous Autonomy and the Contradictions of Plurinationalism in Bolivia

2014 ◽  
Vol 56 (03) ◽  
pp. 46-69 ◽  
Author(s):  
Jason Tockman ◽  
John Cameron
Keyword(s):  
Indigenous Rights ◽  
Legal Framework ◽  
Resource Extraction ◽  
Indigenous Autonomy ◽  
Party Strategy ◽  
Renewable Natural Resources ◽  
Central Elements ◽  
Indigenous Territories ◽  
The Government ◽  
Economic Development Model

Abstract The government of Bolivia led by President Evo Morales and the Movement Toward Socialism (MAS) party claims to be constructing a new postliberal or plurinational state. However, this alleged experiment in plurinationalism conflicts with two central elements of government and MAS party strategy: the expansion of the economic development model based on the extraction of non-renewable natural resources, and the MAS's efforts to control political space, including indigenous territories. This article analyzes these contradictions by examining how Bolivia's constitution and legal framework appear to support indigenous autonomy while simultaneously constraining it. Specifically, it explores how political and bureaucratic processes have seriously limited opportunities to exercise indigenous rights to autonomy. The article makes a comparative analysis of the implications of Bolivia's experience for indigenous autonomy and plurinationalism for other resource extraction–dependent states.

United States: Exceptional Freedoms, Fabricated Fears

Hate Spin ◽  
2016 ◽  
Author(s):  
Cherian George
Keyword(s):  
United States ◽  
Free Speech ◽  
Religious Freedom ◽  
Hate Speech ◽  
The United States ◽  
Legal Framework ◽  
Constitutional Protections ◽  
High Degree

The United States has exceptionally strong Constitutional protections for free speech, but also for religious freedom. This chapter considers how this unique legal framework affects hate spin in the country. It finds that although hate speech can be expressed with a high degree of impunity, strong anti-discrimination laws limit the harms caused by such speech. Hate spin can, nonetheless, succeed in fostering fear and cultivating prejudice against minorities. The chapter examines how a network of anti-Muslim activists have used hate spin to campaign against mosque building, to oppose multi-cultural textbooks, and to introduce legislation protecting states from the fabricated threat of encroaching Muslim law. Beyond their stated goals, which may be frustrated by courts, these campaigns often have the symbolic purpose of spreading Islamophobia.

scholarly journals Perspectives on Reconciliation & Indigenous Rights

2009 ◽  
Vol 1 (2) ◽  
pp. 111-128 ◽  
Author(s):  
Nina Burridge
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Political Context ◽  
Indigenous Australians ◽  
Unfinished Business ◽  
Policy Makers ◽  
Community Attitudes ◽  
The Status ◽  
National Reconciliation

This paper provides an overview of discourses of the movement for national reconciliation prevailing within the Australian socio-political context since the inception of the Council for Aboriginal Reconciliation in 1991, to the national apology delivered by the Prime Minister Kevin Rudd on 13th February 2008. It provides an framework for the various discourses of reconciliation, by exploring and analysing the accrued meanings to such terms such as ‘genuine’, substantive or ‘true’ reconciliation; the Howard’s Government’s ‘practical reconciliation’ and the Rudd government’s great attempt at ‘symbolic’ reconciliation in the national apology to Indigenous Australians. In the changing political context in Australia today this paper revisits the debates on reconciliation, and endeavours to locate the movement solidly within a human rights framework that includes first nation rights. This requires an examination of the roots of the reconciliation movement including community attitudes to reconciliation and the nature of the peoples’ movement as well as the differing perspectives of policy makers, politicians and of course, Indigenous peoples. It asks crucial questions about the progress of reconciliation and the type of reconciliation mainstream Australians will accept. In truth therefore, was the ‘National Apology’ a grand symbolic gesture by mainstream Australia to maintain the status quo and divert our eyes from the more searching questions of the ‘unfinished business’ of ‘substantive’ reconciliation which encompasses first nations rights for Indigenous peoples.

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