Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada
While it has been valuable to Aboriginal peoples to have the courts as allies in their fight for state recognition, it is worth asking whether the slow, expensive, incremental process of achieving recognition through litigation is really the most efficient, let alone just, policy development process...
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University of Alberta
2011
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ftdoajarticles:oai:doaj.org/article:a38e7e0326564c01929778c61b06b579 2023-05-15T17:12:18+02:00 Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada Ian Peach 2011-04-01T00:00:00Z https://doi.org/10.5663/aps.v1i1.8611 https://doaj.org/article/a38e7e0326564c01929778c61b06b579 EN FR eng fre University of Alberta https://journals.library.ualberta.ca/aps/index.php/aps/article/view/8611 https://doaj.org/toc/1923-3299 1923-3299 doi:10.5663/aps.v1i1.8611 https://doaj.org/article/a38e7e0326564c01929778c61b06b579 Aboriginal Policy Studies, Vol 1, Iss 1 (2011) equality aboriginal rights Anthropology GN1-890 Communities. Classes. Races HT51-1595 article 2011 ftdoajarticles https://doi.org/10.5663/aps.v1i1.8611 2022-12-31T16:02:29Z While it has been valuable to Aboriginal peoples to have the courts as allies in their fight for state recognition, it is worth asking whether the slow, expensive, incremental process of achieving recognition through litigation is really the most efficient, let alone just, policy development process. Metis, Non-Status Indians, and Aboriginal women have all determined that litigation can be a useful strategy for achieving state recognition of their Aboriginality in the face of government intransigence. Yet the courts have proven to be imperfect, inconsistent, and not always reliable allies. This article reviews the cases in which Aboriginal women, Non-Status Indians, Metis, and urban Aboriginal people have sought to use litigation to drive the reform of rules for state recognition of Aboriginal peoples in Canada. These cases include not only successful litigation, but also occasions of which last resort to the courts has failed, revealing the difficulties and frustrations that Aboriginal peoples can face in having to rely on litigation to change government policy. Article in Journal/Newspaper Metis Directory of Open Access Journals: DOAJ Articles Canada aboriginal policy studies 1 1 |
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Directory of Open Access Journals: DOAJ Articles |
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ftdoajarticles |
language |
English French |
topic |
equality aboriginal rights Anthropology GN1-890 Communities. Classes. Races HT51-1595 |
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equality aboriginal rights Anthropology GN1-890 Communities. Classes. Races HT51-1595 Ian Peach Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
topic_facet |
equality aboriginal rights Anthropology GN1-890 Communities. Classes. Races HT51-1595 |
description |
While it has been valuable to Aboriginal peoples to have the courts as allies in their fight for state recognition, it is worth asking whether the slow, expensive, incremental process of achieving recognition through litigation is really the most efficient, let alone just, policy development process. Metis, Non-Status Indians, and Aboriginal women have all determined that litigation can be a useful strategy for achieving state recognition of their Aboriginality in the face of government intransigence. Yet the courts have proven to be imperfect, inconsistent, and not always reliable allies. This article reviews the cases in which Aboriginal women, Non-Status Indians, Metis, and urban Aboriginal people have sought to use litigation to drive the reform of rules for state recognition of Aboriginal peoples in Canada. These cases include not only successful litigation, but also occasions of which last resort to the courts has failed, revealing the difficulties and frustrations that Aboriginal peoples can face in having to rely on litigation to change government policy. |
format |
Article in Journal/Newspaper |
author |
Ian Peach |
author_facet |
Ian Peach |
author_sort |
Ian Peach |
title |
Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
title_short |
Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
title_full |
Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
title_fullStr |
Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
title_full_unstemmed |
Finding Your Allies Where You Can: How Canadian Courts Drive Aboriginal Policy in Canada |
title_sort |
finding your allies where you can: how canadian courts drive aboriginal policy in canada |
publisher |
University of Alberta |
publishDate |
2011 |
url |
https://doi.org/10.5663/aps.v1i1.8611 https://doaj.org/article/a38e7e0326564c01929778c61b06b579 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
Metis |
genre_facet |
Metis |
op_source |
Aboriginal Policy Studies, Vol 1, Iss 1 (2011) |
op_relation |
https://journals.library.ualberta.ca/aps/index.php/aps/article/view/8611 https://doaj.org/toc/1923-3299 1923-3299 doi:10.5663/aps.v1i1.8611 https://doaj.org/article/a38e7e0326564c01929778c61b06b579 |
op_doi |
https://doi.org/10.5663/aps.v1i1.8611 |
container_title |
aboriginal policy studies |
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1 |
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1 |
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1766069089884700672 |