ID: |
HARP-303 |
Title: |
Modern Day Colonialism-Canada’s Continuing Attempts to Conquer Aboriginal Peoples |
Source: |
International Journal on Minority and Group Rights, 2002, 9, 2, 103-141 |
Parties: |
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Dispute Resolution Organ: |
|
Year: |
2002 |
Pages: |
0 |
Author(s): |
Janice G.A.E. Switlo |
Keywords: |
Canada, colonial/colonialism, democracy, human rights, international law, land, language, legal, religion, politics, civil and political rights, educational rights, Cold War, indigenous people, crime, linguistic rights, minority rights, self-determination |
Abstract: |
Draws on various legal cases across time & personal experience as a lawyer to detail the Canadian state’s ongoing colonial relationship with its aboriginal peoples, describing it as a cold war different from the armed conflict that has occurred over aboriginal rights around the world. Focus is on negotiations & lobbying around land rights & language, educational, & other policies designed to assimilate the aboriginal peoples; & at issue is the fact that the state is carrying on a program of religious persecution against the aboriginal peoples. It is argued that Canada does not yet have a functioning liberal democracy, lacking a doctrine of separation of powers; thus, liberty cannot be guaranteed, & the judiciary is ill-equipped to render decisions regarding aboriginal rights. Decisions regarding crimes against humanity by the International Criminal Court for Yugoslavia & other international law developments are seen as applicable to Canadian treatment of its aboriginal peoples & underpin the assertion that aboriginal peoples have collective rights with potent individual mobile rights attached to them. Issues surrounding these collective & individual rights are addressed, citing relevant cases. |
Secured: |
False |
Download Article: |
Available here |
Keywords: Canada, civil and political rights, Cold War, colonial/colonialism, crime, democracy, educational rights, human rights, indigenous people, international law, land, language, legal, linguistic rights, minority rights, politics, religion, self-determination