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Articles on Indigenous law

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Treaty 4, which covered present-day southern Saskatchewan and a small part of western Manitoba was negotiated and signed at Qu'appelle Lakes. Here Saulteux from Upper Assiniboine River, Oct. 16, 1887 were promised for every ‘man, woman and child $1,200 …blankets and other articles.’ (Library and Archives Canada/Natural Resources Canada fonds/PA-050799).

Historical lawsuit affirms Indigenous laws on par with Canada’s

A recent historical win for Ontario First Nations against the government of Canada is as significant for the legal process, which took into account Anishinaabe law, as it is for the win itself.
Steve Courtoreille, chief of the Mikisew Cree First Nation, is seen on Parliament Hill in January 2013 after speaking about legal action against the federal government. The Supreme Court of Canada has ruled against the First Nation. THE CANADIAN PRESS/Adrian Wyld

What the Supreme Court ruling means for Indigenous consultation

The headlines suggest the Supreme Court of Canada has ruled against Indigenous consultation. But its recent ruling is much more nuanced and complex than that.
Debbie Baptiste, mother of Colten Boushie, is seen here in the House of Commons in February 2018. THE CANADIAN PRESS/Justin Tang

I am a Mi’kmaq lawyer, and I despair over Colten Boushie

Indigenous people are seriously questioning whether Canada is truly changing following the acquittal of the man accused of killing Colten Boushie. A Mi'kmaq lawyer explains the despair.
The Cree community of Peawanuck, located in northern Ontario, is confronting the realities of a changing climate and increasing pressure from mining companies. (John Cutfeet)

Confusion and concern over land-use planning across northern Ontario

Many Indigenous communities across northern Ontario are facing increased pressure to bring their land-use planning and decisions under the jurisdiction of the province
Colten Boushie’s uncle, Alvin Baptiste, and his brother Jace Boushie address demonstrators gathered outside of the courthouse in North Battleford, Sask.,on Feb.10, 2018. THE CANADIAN PRESS/Matt Smith

‘Clearing the plains’ continues with the acquittal of Gerald Stanley

It’s time for an overhaul of the justice system in Canada: How juries are selected, how Indigenous victims are treated and to challenge embedded racism within police forces and courts.
Maggie Cywink, of Whitefish River First Nation, holds up a sign behind Canadian Prime Minister Justin Trudeau during a summit in Ottawa in support of missing and murdered Indigenous women. THE CANADIAN PRESS/Adrian Wyld

Why the Indigenous in New Zealand have fared better than those in Canada

The Indigenous in New Zealand have fared better than First Nations in Canada in terms of self-determination. Why? It’s about a lot more than geography, land mass and language.
Jerry Natanine, community leader and former mayor of Clyde River, at a news conference in Ottawa in July following the Supreme Court of Canada ruling that upheld Inuit treaty rights in the Arctic. His lawyer and co-author Nader Hasan stands behind him. THE CANADIAN PRESS/Sean Kilpatrick

Lessons from Supreme Court decisions on Indigenous consultation

The Supreme Court of Canada’s recent decisions on Clyde River and Chippewas contain key lessons to ensure that Indigenous rights are recognized and respected in the future.
Members of the W&J Traditional Owners Council outside the Federal Court. W&J Council

The last line of defence: Indigenous rights and Adani’s land deal

The Carmichael coal mine requires a crucial native title agreement to build key infrastructure. But an Indigenous group is bringing legal action against Adani, which may create a fatal roadblock.
Most people against recognising Aboriginal customary law think there’s only one law in Australia. AAP/Joe Castro

Why Australia won’t recognise Indigenous customary law

Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.

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