Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People
Since Aboriginal rights have found protection within Canada’s Constitution, a new relationship has emerged between Canada’s Aboriginal Peoples and the Crown. This relationship is characterized by the need for “reconciliation.” In its growing jurisprudence, the Supreme Court of Canada applies reconci...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Windsor
2011-02-01
|
| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4480 |
| _version_ | 1797722144710328320 |
|---|---|
| author | D’Arcy Vermette |
| author_facet | D’Arcy Vermette |
| author_sort | D’Arcy Vermette |
| collection | DOAJ |
| description | Since Aboriginal rights have found protection within Canada’s Constitution, a new relationship has emerged between Canada’s Aboriginal Peoples and the Crown. This relationship is characterized by the need for “reconciliation.” In its growing jurisprudence, the Supreme Court of Canada applies reconciliation doctrine to several important Aboriginal claims. Each application, however, brings with it a restriction on Aboriginal rights. This paper argues that the Court’s conception of reconciliation is designed to facilitate the integration of Aboriginal peoples into larger society rather than to protect their collective interests. To demonstrate this argument, this paper examines the Supreme Court’s discussion of the doctrine of reconciliation from Sparrow (1990) to Little Salmon (2010). |
| first_indexed | 2024-03-12T09:43:21Z |
| format | Article |
| id | doaj.art-91a85d3233494633aaa8a44e764e9379 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T09:43:21Z |
| publishDate | 2011-02-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-91a85d3233494633aaa8a44e764e93792023-09-02T13:05:50ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172011-02-012910.22329/wyaj.v29i0.4480Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal PeopleD’Arcy Vermette0Assistant Professor, Native Studies Programme, St. Thomas UniversitySince Aboriginal rights have found protection within Canada’s Constitution, a new relationship has emerged between Canada’s Aboriginal Peoples and the Crown. This relationship is characterized by the need for “reconciliation.” In its growing jurisprudence, the Supreme Court of Canada applies reconciliation doctrine to several important Aboriginal claims. Each application, however, brings with it a restriction on Aboriginal rights. This paper argues that the Court’s conception of reconciliation is designed to facilitate the integration of Aboriginal peoples into larger society rather than to protect their collective interests. To demonstrate this argument, this paper examines the Supreme Court’s discussion of the doctrine of reconciliation from Sparrow (1990) to Little Salmon (2010).https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4480 |
| spellingShingle | D’Arcy Vermette Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People The Windsor Yearbook of Access to Justice |
| title | Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People |
| title_full | Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People |
| title_fullStr | Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People |
| title_full_unstemmed | Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People |
| title_short | Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession Of Aboriginal People |
| title_sort | dizzying dialogue canadian courts and the continuing justification of the dispossession of aboriginal people |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4480 |
| work_keys_str_mv | AT darcyvermette dizzyingdialoguecanadiancourtsandthecontinuingjustificationofthedispossessionofaboriginalpeople |