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Aboriginal rights constitution essay
Aboriginal rights constitution essay
Aboriginal rights constitution essay
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In “Aboriginal Self Government through Constitutional Design: A Survey of Fourteen Aboriginal Constitutions in Canada” Christopher Alcantara and Greg Whitfield explore the dynamics of modern Aboriginal constitutions, as they analyze 14 Aboriginal constitutions and their comparative design and political nature to that of non-Aboriginal ones. Longstanding Indigenous traditions, and the unique development of their beliefs and practices are often reflected in these constitutional texts, which aim to develop “contemporary laws based on the values that informed and shaped their traditional approaches to the governance of human relationships and dispute resolution[s]” (123). The studied constitutions provide a textual snapshot of their societies makeup, which outline the issues they often face and are committed to overcoming. Despite differing and often challenging legal, cultural and constitutional traditions division between Aboriginals and non-Aboriginals, their document creators are often confronted with the same types of issues (139). Indigenous constitutions signify a bond between individual groups and serve as legitimate documents that are important to their communities (128). While most of the studied First Nations groups have both signed land-claims and self-government agreements, it is not mandatory and does not alter the deep-rooted sense of identity that these groups continue to maintain.
Alcantara and Whitfield outline the analytical framework of a modern constitution, to establish a point of reference as they assess those of the Indigenous. The inclusion of first-generation rights in Aboriginal constitutions represent the largest portion of individual and communal rights, often including “the right to universal franchise, ...
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...has existed for centuries and did not originate in any particular tradition (135) – it serves as a commonality.
Alcantara and Whitfield discuss the work that must still be done; what conditions surround the creation of Aboriginal constitutions and the documentation of their evolution and impact. Tracking the effectiveness of these documents would illustrate if and how written text is put into practice and how it reflects Aboriginal self-government in Canada (140-141). It is not often that authors will acknowledge what is left to discover, and as a result it often becomes to conclusion of future readers, which can take away from the value of the piece itself. The initiative taken by the authors to illustrate not only the merit of their work, but the questions that still need attention display their commitment to Indigenous development and understanding in Canada.
Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals.
Glen Coulthard’s “Resentment and Indigenous Politics” discusses the politics of recognition that are currently utilized within Canada’s current framework of rectifying its colonial relationship with Indigenous peoples. Coulthard continues a discussion on reconciliation between Indigenous peoples and the state that recognizes the three main methods of reconciliation: the diversity of individual and collective practices to re-establish a positive self relation, the act of restoring damaged social and political relationships and the process in which things are brought to agreement and made consistent.
The National Apology of 2008 is the latest addition to the key aspects of Australia’s reconciliation towards the Indigenous owners of our land. A part of this movement towards reconciliation is the recognition of Indigenous Australians and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait Islanders. Eddie Mabo’s introduction of the Native Title Act has provided Indigenous Australians with the opportunity to state claim to their land, legally recognising the Indigenous and the Torres Strait Islanders as the traditional owners.
Struggles by Aboriginal and Torres Strait islander people for recognition of their rights and interests have been long and arduous (Choo & Hollobach: 2003:5). The ‘watershed’ decision made by the High Court of Australia in 1992 (Mabo v Queensland) paved the way for Indigenous Australians to obtain what was ‘stolen’ from them in 1788 when the British ‘invaded’ (ATSIC:1988). The focus o...
Generations of native people in Canada have faced suffering and cultural loss as a result of European colonization of their land. Government legislation has impacted the lives of five generations of First Nations people and as a result the fifth generation (from 1980 to present) is working to recover from their crippled cultural identity (Deiter-McArthur 379-380). This current generation is living with the fallout of previous government policies and societal prejudices that linger from four generations previous. Unrepentant, Canada’s ‘Genocide’, and Saskatchewan’s Indian People – Five Generations highlight issues that negatively influence First Nations people. The fifth generation of native people struggle against tremendous adversity in regard to assimilation, integration, separation, and recovering their cultural identity with inadequate assistance from our great nation.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
The Calder Case was the spark that led to the Canadian government recognizing Aboriginals and their rights. Firstly, the aboriginals used the Calder Case to inform the government that they were taking away their rights. The Calder Case was launched after the Attorney General of British Columbia declared “that the Aboriginal Title, other wise known as the Indian Title, of the Plaintiffs to their ancient tribal territory...has never been lawfully extinguished.”1 The statement made by the government claimed that the Aboriginal Title did not exist in the eyes of the law and before the Calder Case, it allowed them to ignore Aboriginal land rights all over the country. In addition, The Calder brought the issues the Aboriginals were facing with land claims to the attention of the Canadian government. “According to Kainai Board of Education The case made it all the way to the Supreme Court of Canada where the court ended up rejecting the native's claims after being split on it's validity. However, the Supreme Court of Canada's recognition required new respect for Aboriginal land claims.”2 The Supreme Court of Canada's recognition of the Calder Case benefited the Aboriginals as the government was...
“In about half of the Dominion, the aboriginal rights of Indians have arguably been extinguished by treaty” (Sanders, 13). The traditions and culture of Aboriginals are vanishing at a quick pace, and along it is their wealth. If the Canadian Government restore Native rights over resource development once again, Aboriginals would be able to gain back wealth and help with the poverty in their societies. “An influential lobby group with close ties to the federal Conservatives is recommending that Ottawa ditch the Indian Act and give First Nations more control over their land in order to end aboriginal poverty once and for all” (End First). This recommendation would increase the income within Native communities, helping them jump out of
Aboriginal people groups depended on an assortment of unmistakable approaches to sort out their political frameworks and establishments prior to contact with Europeans. Later, a considerable amount of these establishments were overlooked or legitimately stifled while the national government endeavored to force a uniform arrangement of limitlessly distinctive Euro-Canadian political goals on Aboriginal social orders. For some Aboriginal people groups, self-government is seen as an approach to recover control over the administration of matters that straightforwardly influence them and to safeguard their social characters. Self-government is alluded to as an inherent right, a previous right established in Aboriginal people groups' long occupation
Fleras, Augie. “Aboriginal Peoples in Canada: Repairing the Relationship.” Chapter 7 of Unequal Relations: An Introduction to Race, Ethnic and Aboriginal Dynamics in Canada. 6th ed. Toronto: Pearson, 2010. 162-210. Print.
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
Canada likes to paint an image of peace, justice and equality for all, when, in reality, the treatment of Aboriginal peoples in our country has been anything but. Laden with incomprehensible assimilation and destruction, the history of Canada is a shameful story of dismantlement of Indian rights, of blatant lies and mistrust, and of complete lack of interest in the well-being of First Nations peoples. Though some breakthroughs were made over the years, the overall arching story fits into Cardinal’s description exactly. “Clearly something must be done,” states Murray Sinclair (p. 184, 1994). And that ‘something’ he refers to is drastic change. It is evident, therefore, that Harold Cardinal’s statement is an accurate summarization of the Indigenous/non-Indigenous relationship in
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
Australia’s Indigenous people are thought to have reached the continent between 60 000 and 80 000 years ago. Over the thousands of years since then, a complex customary legal system have developed, strongly linked to the notion of kinship and based on oral tradition. The indigenous people were not seen as have a political culture or system for law. They were denied the access to basic human right e.g., the right to land ownership. Their cultural values of indigenous people became lost. They lost their traditional lifestyle and became disconnected socially. This means that they were unable to pass down their heritage and also were disconnected from the new occupants of the land.