Twenty Years of Charter Protection: The Status of Aboriginal Peoples Under the Canadian Charter of Rights and Freedoms

What has the addition of aboriginal rights to the Canadian constitution in 1982 meant for the place of First Nations’ interests in the Canadian constitutional order? This article considers this question in the context of natural resource exploitation – specifically, the exploitation of the oil or tar sands in Alberta. It details some of the leading jurisprudence surrounding Section 35 of the Constitution Act 1982, the section of the Constitution recognizing existing aboriginal and treaty rights. Arguably, Section 35 represented an important effort to improve the status of aboriginal peoples in Canada, to enhance the extent to which Canada included and respected the values and interests of First Nations. The article specifically considers how the judicial interpretation of the Crown’s duty to consult and accommodate aboriginal peoples is related to the theme of inclusivity. It argues that the general thrust of judicial interpretation has promoted a thin, or procedural, version of inclusiveness rather than a substantive, or thicker, one. Such a thicker version of inclusiveness would be one in which the pace of oil sands exploitation is moderated or halted in order to allow First Nations to engage in traditional activities connected intimately with aboriginal and treaty rights.

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An Accidental Teacher: Anthony Walsh and the Aboriginal Day Schools at Six Mile Creek and Inkameep, British Columbia, 1929-1942

Historical Studies in Education / Revue d'histoire de l'éducation ◽

10.32316/hse/rhe.v19i1.21 ◽

2007 ◽

pp. 1-24

Author(s):

Thomas Fleming ◽

Lisa Smith ◽

Helen Raptis

Keyword(s):

British Columbia ◽

Church And State ◽

Aboriginal Peoples ◽

Arts And Crafts ◽

Day Schools ◽

The Status ◽

Art And Culture ◽

National Life ◽

Aboriginal Children ◽

Cultural Movement

Between the two World Wars, British Columbia was home to some 49 day schools for Aboriginal children, each averaging a population of about 16 students scattered across grades one to eight. By the early 1930s, some 825 youngsters were attending such schools. Little historical attention, however, has been directed toward the operations of Indian day schools, although a large literature has otherwise documented the devastating effects of the residential schools. A rich body of official correspondence and other sources describing the experiences of Anthony Walsh, a free spirited Irish war veteran who taught at Six Mile Creek and Inkameep day schools from the late 1920s to the early 1940s, presents an opportunity to examine the bureaucratic system that governed the day schools, the relationships that existed between agencies of church and state, not to mention the general myopia of the Department of Indian Affairs and religious authorities to the harsh realities of life on the reserves. Archival sources likewise disclose Walsh’s considerable success both as a teacher and promoter of Aboriginal arts and crafts during the interwar years, as well as Walsh’s role in a wider cultural movement that aimed at challenging government’s social and educational policies for Aboriginal peoples. Although not immediately effective in changing the status quo, Walsh and his colleagues played an important part in sensitizing British Columbians and other Canadians to the value of Aboriginal art and culture in national life.

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La Cour européenne des droits de l’homme

Les Cahiers de droit ◽

10.7202/042630ar ◽

2005 ◽

Vol 25 (4) ◽

pp. 873-933

Author(s):

Marc-André Eissen

Keyword(s):

Human Rights ◽

European Convention ◽

Council Of Europe ◽

Canadian Charter ◽

The Past ◽

European Court ◽

Fundamental Freedoms ◽

The Status ◽

Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms came into force on September 1953. In 1959, the European Court of Human Rights began its work which is to apply the Convention to particular cases. Since then, it has delivered 94 judgments. For Canadian Lawyers, since the Canadian Charter of Rights and Freedoms has come into force, the European Court and its decisions are of particular signifiance. The following article concerns the Court itself, especially the status of its judges. It also concerns the functions, powers and procedures of the Court and lastly relates the spirit with which the Convention has been applied to the National Laws of the Members of the Council of Europe for the past 25 years.

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Aboriginal Social Policy: A Critical Community Mental Health Issue

Canadian Journal of Community Mental Health ◽

10.7870/cjcmh-2014-010 ◽

2014 ◽

Vol 33 (1) ◽

pp. 109-122 ◽

Cited By ~ 6

Author(s):

Terry Mitchell ◽

Timothy MacLeod

Keyword(s):

Mental Health ◽

Social Policy ◽

Mental Health Professionals ◽

Policy Development ◽

Critical Role ◽

Aboriginal Peoples ◽

Mental Health Issue ◽

Policy Environments ◽

Health Practitioners ◽

The Status

Community psychologists offer relevant tools for pursuing critical reflection on the nature of social policy, with special consideration of power inequities that often arise from the misrepresentation of affected stakeholders. This article examines the critical role researchers and community health practitioners can play in guarding against the misrepresentation of community voices in neoliberal policy environments. We identify the extreme harm caused by socially exclusive policy-making in an examination of the institutional oppression of Aboriginal peoples across Canada. We caution against the dangers of perpetuating neoliberal agendas and token participation via the misuse of community engagement. We emphasize the important role of community psychologists in challenging the status quo, for engaging stakeholders in authentic participation, and in policy development. We conclude with recommendations to broaden and improve the policy skills of community psychologists and other mental health professionals to more effectively advance social policy and actualize the potential for transformative social change in Aboriginal communities.

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Political Culture and the Problem of Double Standards: Mass and Elite Attitudes Toward Language Rights in the Canadian Charter of Rights and Freedoms

Canadian Journal of Political Science ◽

10.1017/s000842390000130x ◽

1989 ◽

Vol 22 (2) ◽

pp. 259-284 ◽

Cited By ~ 18

Author(s):

Paul M. Sniderman ◽

Joseph F. Fletcher ◽

Peter H. Russell ◽

Philip E. Tetlock

Keyword(s):

Political Culture ◽

Core Values ◽

The Other ◽

Language Rights ◽

Double Standards ◽

Canadian Charter ◽

First Report ◽

The Status ◽

Linguistic Communities

AbstractLanguage rights represent claims of entitlement not only on behalf of individuals, but also on behalf of linguistic communities. As such, they raise deep questions of identity and affinity for Canadians. This study, the first report of the Charter Project, investigates mass and elite attitudes toward language rights in Canada. Beginning with the problem of double standards—whether anglophones and francophones want to affirm certain rights for their own group but not for the other—this study finds that attitudes toward language rights are shaped by an interplay between core values to which citizens subscribe and their concern for the status of the groups, both linguistic and partisan, with which they identify.

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The study of interfacial reactions of nickel thin films on GaAs

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s0424820100074616 ◽

1983 ◽

Vol 41 ◽

pp. 156-157

Author(s):

L.J. Chen ◽

Y.F. Hsieh

Keyword(s):

Thin Films ◽

Integrated Circuits ◽

Interfacial Reactions ◽

Metal Contacts ◽

Nickel Thin Films ◽

Thin Foils ◽

The Status ◽

Si Doped ◽

Electron Microscopes

One measure of the maturity of a device technology is the ease and reliability of applying contact metallurgy. Compared to metal contact of silicon, the status of GaAs metallization is still at its primitive stage. With the advent of GaAs MESFET and integrated circuits, very stringent requirements were placed on their metal contacts. During the past few years, extensive researches have been conducted in the area of Au-Ge-Ni in order to lower contact resistances and improve uniformity. In this paper, we report the results of TEM study of interfacial reactions between Ni and GaAs as part of the attempt to understand the role of nickel in Au-Ge-Ni contact of GaAs.N-type, Si-doped, (001) oriented GaAs wafers, 15 mil in thickness, were grown by gradient-freeze method. Nickel thin films, 300Å in thickness, were e-gun deposited on GaAs wafers. The samples were then annealed in dry N2 in a 3-zone diffusion furnace at temperatures 200°C - 600°C for 5-180 minutes. Thin foils for TEM examinations were prepared by chemical polishing from the GaA.s side. TEM investigations were performed with JE0L- 100B and JE0L-200CX electron microscopes.

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Fate of sperm membrane in fertilized ova

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s0424820100146047 ◽

1993 ◽

Vol 51 ◽

pp. 40-41

Author(s):

Frank J. Longo

Keyword(s):

Electron Microscopy ◽

Electrical Activity ◽

Sea Urchins ◽

Morphological Changes ◽

Integrated System ◽

Electrophysiological Recording ◽

Experimental Conditions ◽

The Status ◽

Sperm Membrane ◽

Temporal And Spatial

Measurement of the egg's electrical activity, the fertilization potential or the activation current (in voltage clamped eggs), provides a means of detecting the earliest perceivable response of the egg to the fertilizing sperm. By using the electrical physiological record as a “real time” indicator of the instant of electrical continuity between the gametes, eggs can be inseminated with sperm at lower, more physiological densities, thereby assuring that only one sperm interacts with the egg. Integrating techniques of intracellular electrophysiological recording, video-imaging, and electron microscopy, we are able to identify the fertilizing sperm precisely and correlate the status of gamete organelles with the first indication (fertilization potential/activation current) of the egg's response to the attached sperm. Hence, this integrated system provides improved temporal and spatial resolution of morphological changes at the site of gamete interaction, under a variety of experimental conditions. Using these integrated techniques, we have investigated when sperm-egg plasma membrane fusion occurs in sea urchins with respect to the onset of the egg's change in electrical activity.

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