Ongoing Genocide Caused By Judicial Suppression Of The Existing Aboriginal Rights
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Ongoing Genocide Caused By Judicial Suppression Of The Existing Aboriginal Rights
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Author : Bruce Clark
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-08-24
Ongoing Genocide Caused By Judicial Suppression Of The Existing Aboriginal Rights written by Bruce Clark and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-24 with categories.
Jurisprudentially, there are two values that compete for paramountcy in judicial decision-making: to serve truth or, alternatively, fairness. In the aboriginal context, the Canadian judges seem to be trying to be fair to the vast majority of people and the building of their nation, at the expense of the constitutional truth. This is apparent when you consider the Supreme Court of Canada's interpretation of section 35(1) of the Constitution Act, 1982 in the leading 2014 case, Tsilhqot'in. Section 35(1) says: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The Court interpreted section 35(1) to mean the judges have to balance the national interest against the aboriginal interest. In the result, the judges overrode the "existing" aboriginal rights that section 35(1) expressly and explicitly placed beyond the reach of the courts to repeal. Yet section 35(1) says nothing about such a judicial discretion to repeal the saved "existing" aboriginal rights. The judges simply invented, out of thin air, a power of repeal of those aboriginal rights constitutionally placed beyond the jurisdiction of judicial repeal. That is the struggle behind the struggle. The structural integrity of the rule of law and the status of the constitutional democracy have been destroyed by the tension between the law as it is written, and the new "law" as the judges recently invent it. That is what this book is about. That is the seemingly unsolvable problem: how to rescue the truth from feelings of fairness. The solution to that problem is independent and impartial adjudication, which is missing from native and newcomer litigation. It must be brought into existence lest bias rule instead of the law. Sergeant Dennis Ryan of the Royal Canadian Mounted Police representing the Gustafsen Lake Crisis Management Team in September 1995 stated: "Kill this Clark, smear the prick and everyone with him." Why? "The very foundations that Canadian society is built upon are threatened here," is the answer he gave in an interview. The history of those "very foundations," and the true nature of what "is threatened here," is the subject of Ongoing Genocide. Clark was described by one of his clients, the Secwepemc traditionalist elder Wolverine, as "the most dangerous lawyer in Canada." This opinion was shared by the RCMP, the provincial and federal governments, the bench, bar and Chief Justice of Canada and even the National Chief of the Assembly of First Nations. The ten essays in Ongoing Genocide caused by Judicial Suppression of the "Existing" Aboriginal Rights deal with aspects of the "genocide"-within the meaning of section 2(b) of the United Nations' genocide convention-of Indigenous peoples in Canada. That section indicts the imposition of "serious bodily or mental harm" against groups, such as that evidenced by the high rates of suicides of Indians in reaction to the courts' injustices, committed for political reasons contrary to the rule of law. The appendix-entitled "Judicial Culpability for War and Genocide in the Age of American Empire"-deals with the failure of the North American Judiciary to enforce the constitutional provisions prohibiting international war except in self defense to an attack. The lessons learned and practiced on the Natives of North America are exported to the global village, a surrogate Indian country, and the judges do nothing to prevent this pursuant to the rule of law, which it is their constitutional duty to uphold. The cause of the genocidal suppression of existing constitutional law is the criminal politicization of the judiciary. Pointing this out to the courts led to the conviction of the author for criminal contempt of court and disbarment for "conduct unbecoming" a barrister and solicitor. Since then the judicial ignoring of existing constitutional law, for political reasons, has become further entrenched.
Current Issues In Transitional Justice
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Author : Natalia Szablewska
language : en
Publisher: Springer
Release Date : 2014-10-27
Current Issues In Transitional Justice written by Natalia Szablewska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-27 with Psychology categories.
This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.
Colonial Genocide In Indigenous North America
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Author : Alexander Laban Hinton
language : en
Publisher: Duke University Press
Release Date : 2014-10-31
Colonial Genocide In Indigenous North America written by Alexander Laban Hinton and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-31 with Social Science categories.
This important collection of essays expands the geographic, demographic, and analytic scope of the term genocide to encompass the effects of colonialism and settler colonialism in North America. Colonists made multiple and interconnected attempts to destroy Indigenous peoples as groups. The contributors examine these efforts through the lens of genocide. Considering some of the most destructive aspects of the colonization and subsequent settlement of North America, several essays address Indigenous boarding school systems imposed by both the Canadian and U.S. governments in attempts to "civilize" or "assimilate" Indigenous children. Contributors examine some of the most egregious assaults on Indigenous peoples and the natural environment, including massacres, land appropriation, the spread of disease, the near-extinction of the buffalo, and forced political restructuring of Indigenous communities. Assessing the record of these appalling events, the contributors maintain that North Americans must reckon with colonial and settler colonial attempts to annihilate Indigenous peoples. Contributors. Jeff Benvenuto, Robbie Ethridge, Theodore Fontaine, Joseph P. Gone, Alexander Laban Hinton, Tasha Hubbard, Margaret D. Jabobs, Kiera L. Ladner, Tricia E. Logan, David B. MacDonald, Benjamin Madley, Jeremy Patzer, Julia Peristerakis, Christopher Powell, Colin Samson, Gray H. Whaley, Andrew Woolford
Final Report Of The Truth And Reconciliation Commission Of Canada Volume One Summary
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Author : Truth and Reconciliation Commission of Canada
language : en
Publisher: James Lorimer & Company
Release Date : 2015-07-22
Final Report Of The Truth And Reconciliation Commission Of Canada Volume One Summary written by Truth and Reconciliation Commission of Canada and has been published by James Lorimer & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-22 with History categories.
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Bringing Them Home
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Author :
language : en
Publisher:
Release Date : 2003
Bringing Them Home written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Aboriginal Australians categories.
Environmental Justice And The Rights Of Indigenous Peoples
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Author : Laura Westra
language : en
Publisher: Routledge
Release Date : 2012-05-16
Environmental Justice And The Rights Of Indigenous Peoples written by Laura Westra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-16 with Law categories.
More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
Final Report Of The Truth And Reconciliation Commission Of Canada Volume One Summary
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Author : The Truth and Reconciliation Commission of Canada
language : en
Publisher: James Lorimer & Company
Release Date : 2015-07-27
Final Report Of The Truth And Reconciliation Commission Of Canada Volume One Summary written by The Truth and Reconciliation Commission of Canada and has been published by James Lorimer & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-27 with History categories.
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Suffer The Little Children
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Author : Tamara Starblanket
language : en
Publisher: SCB Distributors
Release Date : 2020-04-28
Suffer The Little Children written by Tamara Starblanket and has been published by SCB Distributors this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-28 with Law categories.
Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada’s role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.
Canada S Residential Schools Reconciliation
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Author : Commission de vérité et réconciliation du Canada
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2016-01-01
Canada S Residential Schools Reconciliation written by Commission de vérité et réconciliation du Canada and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-01 with Social Science categories.
Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize” Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: Reconciliation documents the complexities, challenges, and possibilities of reconciliation by presenting the findings of public testimonies from residential school Survivors and others who participated in the TRC’s national events and community hearings. For many Aboriginal people, reconciliation is foremost about healing families and communities, and revitalizing Indigenous cultures, languages, spirituality, laws, and governance systems. For governments, building a respectful relationship involves dismantling a centuries-old political and bureaucratic culture in which, all too often, policies and programs are still based on failed notions of assimilation. For churches, demonstrating long-term commitment to reconciliation requires atoning for harmful actions in the residential schools, respecting Indigenous spirituality, and supporting Indigenous peoples’ struggles for justice and equity. Schools must teach Canadian history in ways that foster mutual respect, empathy, and engagement. All Canadian children and youth deserve to know what happened in the residential schools and to appreciate the rich history and collective knowledge of Indigenous peoples. This volume also emphasizes the important role of public memory in the reconciliation process, as well as the role of Canadian society, including the corporate and non-profit sectors, the media, and the sports community in reconciliation. The Commission urges Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation. While Aboriginal peoples are victims of violence and discrimination, they are also holders of Treaty, Aboriginal, and human rights and have a critical role to play in reconciliation. All Canadians must understand how traditional First Nations, Inuit, and Métis approaches to resolving conflict, repairing harm, and restoring relationships can inform the reconciliation process. The TRC’s calls to action identify the concrete steps that must be taken to ensure that our children and grandchildren can live together in dignity, peace, and prosperity on these lands we now share.
Rights And Redemption
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Author : Ann Curthoys
language : en
Publisher: UNSW Press
Release Date : 2008
Rights And Redemption written by Ann Curthoys and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
History has been central to a number of heated public debates in recent years. As Indigenous people have sought redress through the law, the role of history in the courts has become highly charged. Rights and Redemption is a detailed investigation of the uses of history and historians in high-profile cases involving Indigenous litigants, something not previously attempted. Ann Curthoys, Ann Genovese and Alexander Reilly look at cases before the Federal Court during the era of the Howard government, a time when Indigenous rights and the place of Aboriginal people in the national story were undermined in government laws and policies. They investigate how the courts have made use of historians as expert witnesses, and how the colonial past has been framed and understood by the courts. Rights and Redemption is an important record of a unique period of litigation in Indigenous affairs in Australia and a meditation on ways in which law and history might improve Indigenous rights. Book jacket.