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…deaf ears, and while he accepted their oral history as evidence, Justice Allen McEachern concluded that it held no weight. In his now infamous ruling, he concluded that the Gitksan…

…Essays in Celebration of the Twenty-Fifth American Indian Workshop, eds. Barbara Saunders and Lea Zuyderhoudt (New York: Cornell University Press, 2004), 80. 10 Halpin, 35. 11 Vickers, 60. 12 Halpin,…

…plan to include Aboriginal rights so extensively within the constitution when the Act was being redrafted in the early 1980s. Early drafts and discussions during the patriation of the Canadian…

…At that time, instead of having its own constitution, Canada was governed by the British North America (BNA) Act. The Canadian Constitution fell under British law, which meant that only…

…people across Canada. As such, the Musqueam band decided to defend to the charge against Sparrow. They outlined five main arguments: That the Musqueam retained the right to fish on…

…may be a deliberate act on their part to position and present themselves as someone who is defined by federal legislation. “Indian Band” is also a legal term under the…

…lifestyles, whether within reserve communities or elsewhere. He also advocated ending all forced assimilation programs, especially the residential schools. (Hawthorn’s two-volume report can be read online here.) Based on Hawthorn’s…

…Proclamation is still valid in Canada, since no law has overruled it.1 The Royal Proclamation is enshrined in Section 25 of the Constitution Act; this section of the Charter of…

…Due to difficulties in access to funding and a general lack of support from government and other organizations, the Indian Homemaker’s Association dissolved in the early 2000s. Their quick dissolution…