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Perspectives on Justice, Indigeneity, Gender, and Security in Human Rights Research
This book is a compendium of emergent global Human Rights Scholarship offering current ruminations on justice, indigeneity, gender, security, and human rights. This edited collection examines Access to Justice, Allyship and Equality, Human Rights and Social Justice, the Rights of Indigenous People, Indigenous Rights and the University, Transgender Healthcare, Femicide, Women Workers, Extremism and Misogyny, Human Rights and Aging, cyberwarfare, climate change.
Justice in Aboriginal Communities
Combining qualitative research, personal experience, and scholarly literature Ross Green looks at the evolution of the Canadian criminal justice system and the values upon which it is based against the Aboriginal concepts of justice. Using his personal experiences as a defence lawyer, case studies of several communities, as well as interviews with judges, prosecutors, community leaders, and participants in sentencing circles, sentencing panels, and mediation committees, Green approaches the criminal justice system from multiple angles. Against this backdrop, he analyzes the successes of and challenges to the innovative sentencing approaches currently evolving in Aboriginal communities.
For Future Generations
With material provided by the Gitxsan Hereditary Chiefs’ office, court transcripts from Delgam’Uukw v. British Columbia, and her own research, Dawn Mills paints a compelling picture of the Gitxsan and their right to land and self-government. While the book focuses on the judgments rendered in the Gitxsan’s struggle in the Supreme Court and an analysis of the judgments and strategies utilized, Mills also details the Gitxsan relationship to the land and their community. Contrary to the position taken by many legal scholars, Mills argues that the trial judgment in the Delgam’Uukw decision opened up new opportunities for First Nations people to present evidence based on oral traditions that had not been previously accepted by the courts.
The Ties that Bind
Modern states - and novel multinational polities such as the European Union - have to contend with greater degrees, and more complex forms, of diversity. What elements keep complex, «post-national», political entities together? What are the ties that bind people together in a world where they cannot rely on the safety of established national identifications (if they ever could)? This collection of essays by leading political scientists, philosophers and legal academics from Canada and Europe provides a transatlantic dialogue on the ways in which complex states (such as Canada) and non-states (the EU) may broach the modes of difference and diversity that confront them. Authors engage in insightful «diagnoses» of contemporary forms and modes of diversity, as well as critical appraisals of a number of normative responses meant to answer these challenges. These responses range from «reasonable accommodation» and multinationalism to cosmopolitanism. They include the recognition of «post-national», «multinational» or «deterritorialised» democracy and constitutional patriotism, as well as plural or «denationalised» citizenship.
The Duty to Consult
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
Perspectives on Indigenous Pedagogy in Education: Learning From One Another
As Indigenous pedagogy continues to grow in the modern educational landscape, it is critical to fully understand key questions such as what Indigenous pedagogy is, why Indigenous pedagogy is important, and how you link Indigenous theory and practice in the classroom. Further study is required to ensure Indigenous pedagogy is utilized appropriately in education. Perspectives on Indigenous Pedagogy in Education: Learning From One Another explores the complexities of negotiating and integrating Indigenous pedagogies in education and presents a variety of global perspectives on Indigenous pedagogies in education. Covering key topics such as collaborative learning, storytelling, and Indigenous experience, this reference work is ideal for industry professionals, administrators, researchers, academicians, scholars, practitioners, instructors, and students.
The Spaces In Between
The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-foug...
The Politics of Indigeneity
Indigenous peoples are increasingly uniting around a commonality of concerns, needs and ambitions. In both New Zealand and Canada, these politics challenge the colonial structures that social and political systems are built upon. Both countries have accomplished much in their management of indigenous issues. New Zealand has begun to right historical wrongs through treaty settlements and to implement bicultural strategies. Canada is experimenting with self-government for aboriginal peoples. Yet there are still many issues to be addresses, with recent statistics showing indigenous peoples in bother these countries struggling to balance functioning in everyday life with preserving their cultures. This book casts light on the constitutional politics in both countries that are redefining the relationship of indigenous peoples to the state. A unique and timely discussion.
