1,454 research outputs found

    Constitutional Conflict and the Development of Canadian Aboriginal Law

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    This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 of the Constitution Act 1982 are more restricted than the text might imply

    Climbing Learners\u27 Hill: Benedictines at White Earth, 1878-1945

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    Benedictine sisters and monks administered and staffed a boarding school on the White Earth Reservation in Minnesota from 1882-1945, responding to a request from the local bishop and to the Peace Policy of President Grant. Church denominations were asked to cooperate with the government in Christianizing and ‚Äúcivilizing‚ÄĚ the Indians‚ÄĒon and off-reservations. With significant aid from federal funds, various denominations, primarily Catholic and Protestant, built churches and schools to educate and ‚Äúconvert‚ÄĚ Indians. This was done in the cause of assimilation, with most of the missionaries, lay or religious, deliberately undermining the traditional cultures. Benedictines came late to the Indian ministry but participated fully to bring white society‚Äôs values and ways to the tribes. The Benedictine endeavor, St. Benedict‚Äôs Mission, overall was a humanely-run institution. Much of this was due to the influence of values deeply engrained in the missionaries, values based on the Gospel and on the Rule of St. Benedict which undergirded their work. There has been more positive judgment of the St. Benedict‚Äôs School at White Earth than negative. Interviews with both the missionaries and Indian graduates offer support for this conclusion

    Sexual Mores among the Eastern Woodland Indians

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    Traditional Indian Justice in Ontario: A Role for the Present?

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    It is the author\u27s position that for too long the study of Indian law in Canada has meant the study of law imposed upon Canadian Indians. It is suggested that the study of the indigenous law ways of Ontario\u27s native Indians has been wrongly neglected This is so not merely because of the historical interest of the subject to Indians and non-Indians alike, but also because the study of traditional law ways provides an opportunity for modem native communities to understand the historical continuity of local responsibility for justice among natives and to build upon that tradition in assuming more responsibility for the administration of justice in native communities today. The approach of this paper is threefold. Its starting point is a review of recent studies which indicate that native men and women are dramatically over-represented in the province\u27s prison system, particularly for minor offences. The paper then investigates the historical evidence that social mechanisms existed in traditional lroquois and Cree-Ojibwa societies in Ontario that performed the functions of a justice system in those societies before Euro-Canadian law was imposed on them. Next, the author considers whether, and to what extent, traditional native approaches to conflict resolution in Ontario are in accord with modern Canadian criminal justice policy. Concluding that the values which inspired traditional native justice ways and current criminal policy are indeed compatible, the author proposes that native communities in Ontario be encouraged to rediscover the value of their justice traditions and presents concrete examples of the sorts of current Canadian justice initiatives which seem to offer particular hope for the future

    Traditional Indian Justice in Ontario: A Role for the Present?

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    It is the author\u27s position that for too long the study of Indian law in Canada has meant the study of law imposed upon Canadian Indians. It is suggested that the study of the indigenous law ways of Ontario\u27s native Indians has been wrongly neglected This is so not merely because of the historical interest of the subject to Indians and non-Indians alike, but also because the study of traditional law ways provides an opportunity for modem native communities to understand the historical continuity of local responsibility for justice among natives and to build upon that tradition in assuming more responsibility for the administration of justice in native communities today. The approach of this paper is threefold. Its starting point is a review of recent studies which indicate that native men and women are dramatically over-represented in the province\u27s prison system, particularly for minor offences. The paper then investigates the historical evidence that social mechanisms existed in traditional lroquois and Cree-Ojibwa societies in Ontario that performed the functions of a justice system in those societies before Euro-Canadian law was imposed on them. Next, the author considers whether, and to what extent, traditional native approaches to conflict resolution in Ontario are in accord with modern Canadian criminal justice policy. Concluding that the values which inspired traditional native justice ways and current criminal policy are indeed compatible, the author proposes that native communities in Ontario be encouraged to rediscover the value of their justice traditions and presents concrete examples of the sorts of current Canadian justice initiatives which seem to offer particular hope for the future

    A bibliography of ethnobotanical usage among cultures of Algonkian type

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    25 leavesThe present bibliography of published materials attempts to convey the available data on Native North American cultures of Algonkian type. The search was supported by the Northern Studies Committee of the University of Manitoba, and was undertaken as a project of Northern Ojibwa Researches, a University of Winnipeg activity developed in part through the help of the Canada Council.Northern Studies Committee of the University of Manitob

    Civil Indian Policy and aboriginal-white relations in nineteenth century Canada: a cultural genocide?

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    This dissertation examines the development of Indian Policy by the British Imperial Government in North America following its transition from the military to the civil branch of government. Through detailed analysis of primary and secondary material it will argue that there was a determined effort by the Church and State to destroy, in whole or in part, the social, political, spiritual, and other cultural traditions of the indigenous peoples in Canada. The dissertation will contextualise the Victorian ideology of superiority, and will provide a fresh outlook on the aboriginal-white relationship as it developed in the settlement era of Canadian expansion. The dissertation‚Äôs overall argument is that the culturally destructive intentions of Eurocentric policy makers and evangelisers should be seen as a kind of ‚Äúcultural genocide‚ÄĚ, because they imposed measures to dismantle forms of indigenous culture, with the intent of transferring or assimilating the physical person, as an individual, into the settler society. The dissertation explores different forms of genocide from the definition ratified at the Convention on the Prevention and Punishment of the Crime of Genocide 1948 which focused solely on physical destruction. These forms of cultural destruction include political, spiritual, and economic genocide. The dissertation develops the argument that cultural genocide was limited to article 3 (e), and should include other aspects of destruction that undermined First Nations‚Äô traditions, such as: forms of government, gender roles, economic pursuits, ceremonies, and spiritual beliefs. An introduction contextualizes Eurocentricism, the ideology of superiority based upon European socio-political and religious belief, and the changing white perception of aboriginals from warrior to ‚Äúexpensive social nuisance‚ÄĚ. A chapter on the Church-State effort to civilize the ‚ÄėIndian‚Äô reveals how philanthropic measures intended to assist indigenous people were ultimately hindered by the assumption of Victorian superiority. Two further chapters ‚Äď one an in-depth analysis on ‚ÄėIndian‚Äô legislation, the other on historic treaties‚Äď highlight that economic prerogatives for a coast-to-coast settler society undermined Native sovereignty. The dissertation concludes that the Aboriginal-white relationship deteriorated as a result of the Civil Indian Policy; Indigenous people became wards of the State, were reduced spiritually and morally to a sub-human status; and were economically demoted to a peasant class that barely survived maybe

    Ethnogenesis of Metis, Cree and Chippewa in Twentieth Century Montana

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    This thesis examines the history of Montana‚Äôs Metis, Cree and Chippewa people as ‚Äúlandless Indians‚ÄĚ in a twentieth century context. Landlessness among the Metis, Cree and Chippewa became a defining aspect of their identity by the twentieth century that distinguished them from both Indian and white people in the state. This paper discusses the historical processes by which the Metis, Cree and Chippewa became landless, and examines the unique aspects of their social and economic lives as landless Indian people. This paper concludes with an examination of the ethnogenesis of Metis, Cree and Chippewa, which was based upon patterns of merger between discrete multi-ethnic groups
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