2(a) or freedom of religion (Bala, Duvall-Antonacopoulos, MacRae, & Paetsch, 2005). In light of the foregoing, this paper will evaluate the polygamy legislation in Canada for consistency (or lack thereof) with the Constitution. Acknowledging the complexity of the polygamy debate, this paper will borrow from two competing human rights perspectives — universalist and cultural-relativist perspectives. The former is predicated on individual rights, with a greater focus on civil and political rights, and
As such, Aboriginal title and rights are separate from rights afforded to non-Aboriginal Canadian citizens under Canadian common law. However, these legal interpretations and definitions of “Aboriginal title” often differ from Aboriginal understanding of title, which are centuries-old. The Delgamuukw decision of 1997, for example, defines Aboriginal title as a burden on the Crown’s underlying title- this means that Aboriginal title can be ceded or transferred only to the Crown.(UBC, 2009).
John Borrow’s article “Residential schools, respect, and responsibilities for past harms” examines the differing views regarding the assumption of responsibility for the historic harms of Indigenous peoples affected by residential schools. The article is divided into five main topics: ‘on not listening,’ ‘listening,’ ‘on not being responsible,’ ‘on being responsible,’ and ‘respectful responsibility.’ The first section, ‘on not listening,’ traces the author’s struggle to identify his own responsibility
November 8th (Maloney, C., personal communication, Nov 8, 2016). She spoke very candidly about how the technical nature (and language) of EA can be difficult to understand and that many members of her community felt that they lacked the scientific understanding to fully grasp the EA process (Maloney, C., personal communication, Nov 8, 2016). She also indicated that members of Aboriginal communities (particularly councils) are working tirelessly to process and understand EA documents and that often they
Question 1b A Binding Contract was Formed and Breached If Ken chooses to “walk away” from his lease with Amber, Amber’s cause of action against Ken is breach of contract agreed on September 1, 2014. Ken signed a lease with the landlord, Amber, and took possession of the house on this date, with an agreement to occupy the premises for four years (48 months). As at October 2015, when Ken approaches Amber regarding termination of the lease, there are 34 months remaining. Thus, Amber can sue for an
all other plants. Monsanto issued licenses for the use of Roundup. Schmeiser, a farmer, never purchased Roundup Ready Canola nor did he have a license to plant it, yet in 1998 his fields contained 95-98% Roundup Ready plants. The issue before the court was the patent’s validity. Since all parties agreed that the patent was valid for the gene, the process of insertion and the cell derived from the process, the question was whether the patent covered the plant that is generated from the patented cell
standoff between the Mohawk nation of Kanesatake, the Quebec provincial police, and the Canadian armed forces near the town of Oka, Quebec which became known as the Oka Crisis. The events began in June 30, 1990 when the municipality of Oka was granted a court injunction to dismantle a peaceful barricade erected by the people of Kanesatake in an effort to defend their sacred lands from further encroachment by non-Native developers. The event and the standoff brought wide spread reactions from across Canada
n response to the criticisms of those who are anti-judicial activism, “supporters of judicial activism say such activism through judicial review is necessary because it allows the courts to step in and fill gaps in the law where minorities are not protected because of political pressures and where politicians are afraid to legislate” . This raises the argument that judges and the judiciary play a balanced activist legislative role in such a way that it protects the rights of minorities from legislation
justice system. With that understanding, I freely commented on LGBTQ+ community, First Nations issues, class, and race. While my deeply held opinions were rooted in dismantling access to justice barriers and were “common sense” truths, they were predictable, simplistic, and misinformed, given the vast body of academic work available. The basic foundation of knowledge I held prior to this class did not prepare me fully and effectively to conceptualize and develop the understanding to discuss access to
As many prominent scholars have postulated, there is very little research addressing the multifaceted dynamics with respect to Aboriginal gang involvement from a Canadian perspective. This paper intends to advance the understanding of the pathways involved in Aboriginal gang formation, recruitment and participation by critically examining the historical and institutional impediments, which have contributed to the facilitation of this phenomenon. In the process, this paper will apply the foremost