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Browsing Law by Subject "Aboriginal law"
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Item Open Access Aandaakonan inaakonigewin: Considering an Anishinaabe meaning to the Canadian law on consultation and accommodation(2021-11-15) Guido, Veronica Ann; Drake, KarenIndigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate be altered so to be understood and applied through Anishinaabe law? By exploring the legal principles and theories that form both the colonial and Anishinaabe legal orders, this thesis considers one way Anishinaabe legal orders could understand the duty to consult and accommodate.Item Open Access The Scope Of The Possible: Canadian Courts, Emotion, And The Assertion Of Crown Sovereignty(2025-04-10) Brown, Julia; White, Emily KiddThis thesis considers emotion and the role emotion plays in judicial reasoning in three Aboriginal title decisions. The aim of this analysis is to draw to the surface emotional undercurrents and commitments that, together with other currents, impact the direction of judicial reasoning in these cases. Using methodologies and approaches from the area of law and emotion, this thesis employs close readings of the three Aboriginal title decisions to draw out lacunae in the Supreme Court of Canada’s reasoning. These lacunae reflect fixed assumptions that the Court chooses not to interrogate, such as the Crown’s acquisition of radical title to all land in Canada, and other postures and commitments that impact the Court’s reasoning. The emotions analysis posits that these lacunae give us information about where resistance, aversion, fear, and other emotions arise to reinforce certain narratives and modes of thinking and to prevent engagement with challenging questions.Item Open Access They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces(2016-09-20) Hamilton, Robert Colin; McNeil, C. KentThis thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British Columbia. This thesis argues that, in light of the clarified legal principles articulated by the Court, it is very likely that Aboriginal title can be proven to have existed in the Maritime Provinces. In light of this conclusion, the inquiry then shift to whether that title was legally extinguished. The legal parameters of the extinguishment question are surveyed in considerable detail and it is concluded that title was likely never legally extinguished in the region. Having found that title was likely not extinguished in the region, the final section of the thesis analyzes how the Aboriginal peoples of the region were dispossessed of their lands and provides some provisional arguments concerning the legal framework for assessing that dispossession where legal extinguishment is not proven.