A Study on the Constitutional Duty to Consult and Accommodate Doctrine for the Aboriginal Groups in Canada

AbstractIn 1973, the federal government of Canada invited Aboriginal groups to enter into comprehensive land claims negotiations to settle outstanding claims not addressed by historical treaties. After eight years of negotiations, the Inuvialuit became the second group in Canada to sign a modern treaty, doing so in 1984. Missing from that agreement, however, was a self-government chapter, which was not open to negotiation at that time. In 1996, the Inuvialuit initiated self-government negotiations with the Crown but have yet to conclude an agreement despite increased institutional capacity. What explains this puzzle? Drawing upon the existing literature on land claims negotiations, Aboriginal self-government and historical institutionalism, we analyze a variety of primary and secondary sources to argue that a number of institutional and non-institutional factors have prevented the Inuvialuit from successfully completing self-government negotiations with the Crown.

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Multidimensionality and the Matrix: Identifying Charter Violations in Cases of Complex Subordination

Canadian Journal of Law and Society / Revue Canadienne Droit et Société ◽

10.1017/s0829320100010206 ◽

2010 ◽

Vol 25 (1) ◽

pp. 21-49 ◽

Cited By ~ 2

Author(s):

Kerri A. Froc

Keyword(s):

Social Relations ◽

Freedom Of Expression ◽

Supreme Court Of Canada ◽

Theoretical Frameworks ◽

Aboriginal Women ◽

The Social ◽

The Matrix ◽

The Government ◽

Relations Of Power ◽

Aboriginal Groups

AbstractThe failure of the Supreme Court of Canada to give more than lip service to “context” when considering claims under s. 15 of the Canadian Charter of Rights and Freedoms arises largely from the Court's analytic framework, which resists recognizing the social relations of power inherent in complex cases of oppression. The precise nature of the flaws in the Court's analysis is demonstrated in a number of thoughtful feminist critiques that received recognition in the recent decision in R. v. Kapp. While it is too soon to tell whether the Court intends to depart completely from the past decade of s. 15 jurisprudence, equality-seeking groups now have greater opportunities to advance alternative theoretical frameworks for Charter interpretation. This article discusses one such framework, multidimensionality theory, which focuses on the interaction of systems of oppression, conceptualized as an invisible matrix—a vast network of complex, overlapping, interactive, and mutually reinforcing systems. The operation of the systems obscures their effects, and their complexity renders outcomes difficult to predict when they interconnect at sites of subordination and privilege. One can expose the operation of the systems by looking at particular sites of oppression/privilege and considering the contradictions or “inexplicability” of the circumstances based on one system alone. The author argues that the failure of the Charter claim at the heart of the Supreme Court's decision in Native Women's Association of Canada v. Canada demonstrates the need for courts to employ multidimensionality theory in cases of complex oppression. In NWAC, multidimensionality theory reveals that the “dominant” Aboriginal groups were involved in the negotiation/performance of hegemonic masculinities within a racial/colonial context that provided them with justification to suppress NWAC's independent promotion of the interests of Aboriginal women in constitutional negotiations with the government, and that the government was complicit in this performance. By framing the freedom of expression issue as whether NWAC had a “special” right to a speaking platform, and the equality issue as exclusively one of determining whether NWAC could prove the other groups were “male dominated,” the Court fragmented considerations of patriarchy from those of racism and colonization, distorting the synergistic effect of the systems of oppression and reinforcing colonial ideology.

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In Australia, it’s ‘Aboriginal’ with a Capital ‘A’: Aboriginality, Politics and Identity

Indigenising Anthropology with Guattari and Deleuze ◽

10.3366/edinburgh/9781474450300.003.0008 ◽

2019 ◽

pp. 225-256

Author(s):

Barbara Glowczewski

Keyword(s):

Land Rights ◽

Living Conditions ◽

Colonial History ◽

Cultural Backgrounds ◽

Politics Of Identity ◽

Indigenous Australian ◽

The 1960S ◽

Definition Of ◽

Aboriginal Groups ◽

Modes Of Existence

The politics of identity discussed here are still at the heart of current Indigenous Australian struggles for recognition. In the 1960s, for ethical and political reasons, the term Aboriginal became an ethnonym written with a capital ‘A’ to designate the descendants of the first inhabitants of Australia, some 500 groups speaking different languages. Aboriginal groups have not only different language names and cultural backgrounds, but different histories — massacres, forced sedentarisation in reserves, separation from their parents of children of mixed descent, discrimination, criminalisation — all of which broke the transmission of some peoples’ heritage. Yet many claim their ‘Aboriginality’ which gathers all under an Aboriginal flag (since 1972), even if not everyone agrees on the definition of a common identity. Some priviledge an identity of continuity, based on language, localised spirit-children and ritual links with the land, pre-contact modes of existence; others put forward an identity of resistance, rewriting colonial history, valorising a national Aboriginal identity that encompasses all mixed descendants, struggling for land-rights, against bad living conditions, exclusion and exploitation. First published in 1997.

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Astronomical Heritage and Aboriginal People: Conflicts and Possibilities

Proceedings of the International Astronomical Union ◽

10.1017/s1743921316002635 ◽

2015 ◽

Vol 11 (A29A) ◽

pp. 142-145

Author(s):

Alejandro Martín López

Keyword(s):

Scientific Community ◽

Aboriginal People ◽

Careful Consideration ◽

Aboriginal Peoples ◽

International Scientific Community ◽

Religious Minorities ◽

Global System ◽

Knowledge And Practice ◽

Professional Artists ◽

Aboriginal Groups

AbstractIn this presentation we address issues relating to the astronomical heritage of contemporary aboriginal groups and other minorities. We deal specially with intangible astronomical heritage and its particularities. Also, we study (from ethnographic experience with Aboriginal groups, Creoles and Europeans in the Argentine Chaco) the conflicts referring to the different ways in which the natives' knowledge and practice are categorized by the natives themselves, by scientists, state politicians, professional artists and NGOs. Furthermore, we address several cases that illustrate these kinds of conflicts. We aim to analyze the complexities of patrimonial policies when they are applied to practices and representations of contemporary communities involved in power relations with national states and the global system. The essentialization of identities, the folklorization of representations and practices, and the fossilization of aboriginal peoples are some of the risks of applying the label “cultural heritage” without a careful consideration of each specific case.In particular we suggest possible ways in which the international scientific community could collaborate to improve the agenda of national states instead of reproducing colonial prejudices. In this way, we aim to contribute to the promotion of respect for ethnic and religious minorities.

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Personality disorder and suicide

The British Journal of Psychiatry ◽

10.1192/bjp.170.5.441 ◽

1997 ◽

Vol 170 (5) ◽

pp. 441-446 ◽

Cited By ~ 92

Author(s):

Andrew T. A. Cheng ◽

A. H. Mann ◽

K. A. Chan

Keyword(s):

Personality Disorder ◽

Personality Disorders ◽

Psychiatric Disorders ◽

Ethnic Groups ◽

Severe Depression ◽

Han Chinese ◽

Main Category ◽

Icd 10 ◽

Emotionally Unstable Personality Disorder ◽

Aboriginal Groups

BackgroundThe relationships between personality disorders and suicide were investigated among two aboriginal groups and the Han Chinese in East Taiwan.MethodBiographical reconstructive interviews were conducted for consecutive suicides from each of the three ethnic groups (116 suicides in total), 113 of whom were matched with two controls for age, gender, and area of residence.ResultsIn all three groups, a high proportion of suicides suffered from ICD-10 personality disorder before suicide (46.7–76.7%), and the most prevalent category was emotionally unstable personality disorder (F60.3) (26.7–56.7%). The risk for suicide was mainly significantly associated with F60.3, comorbidity among personality disorders, and comorbidity of personality disorder with other psychiatric disorders, particularly severe depression.ConclusionThe main category of personality disorder significantly associated with the risk of suicide is F60.3 in ICD-10. The risk is highest for a comorbidity of this category and severe depression.

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Alienation in Aboriginal Education in the Northern Territory

The Aboriginal Child at School ◽

10.1017/s0310582200006374 ◽

1994 ◽

Vol 22 (2) ◽

pp. 155-162 ◽

Cited By ~ 1

Author(s):

N. Barry

Keyword(s):

Government Policy ◽

Life Style ◽

Northern Territory ◽

Theory And Practice ◽

Aboriginal Education ◽

Life Styles ◽

Pros And Cons ◽

State Of Affairs ◽

Aboriginal Groups

In many areas of government policy there is a big gap between theory and practice, that is, there is a difference between what ought to occur and what actually eventuates. This is unfortunately true for education as well. That education actually alienates the young from the old and from their traditional life-style may in some way be substantiated. In theory this should not happen. Before any discussion on the pros and cons of such a state of affairs, however, there is a need to define what education is, to define some of the approaches officially accepted in Aboriginal education and to differentiate between the needs of some of the more recognizable Aboriginal groups and their life-styles.

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