American Indian Culture and Research Journal, vol. 16, no. 2, 1992, pp. 21-35
Description
Focuses on the gathering process, with attempts to not rejudge the past, but rather offer evidence that the collecting of remains was of questionable legality.
BC Studies, no. 92, Anthropology and History of the Courts, Autumn, 1992, pp. 55-65
Description
Contends that the Delgamuukw decision employed a type of argumentation in which over simplification of language and common sense resulted in a decision based on faulty grounds and inadequate versions of history.
Presentation made at the Canadian Bar Association in 1992 examining the constitution, histories, and contemporary political processes of Aboriginal peoples in Canada.
Compares testimonies of Drs. Sheila Robinson and Wayne Suttles in the Heiltsuk herring roe fisheries case attempting to show how scholarship can manipulate histories.
File contains a panel discussion of previous presenters from the day's sitting and audience participants on Aboriginal justice issues in Canada. Following this is a closing prayer and the adjournment of the day's proceedings.
File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Thursday, November 26, 1992. File contains the opening prayer and opening remarks for the day's sitting which involves a round table discussion panel on justice issues.
File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Thursday, November 26, 1992. File contains day two of the Commission's round table on justice issues with a wide array of participants. For detailed information see table of participants. Each presentation can be viewed individually on this site.
File contains opening prayers and opening remarks by Murray Sinclair, and Commissioner Bertha Wilson for the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario, Friday, November 27, 1992.
File contains the sitting of the Royal Commission on Aboriginal Peoples at the Citadel Inn, Ottawa, Ontario. File contains Day Three of the Commission's round table on justice issues with a wide array of participants. For detailed information see table of participants. Each presentation can be viewed individually on this site.
File contains a Raporteur's report on the preceding three volumes of the Royal Commission. Dean James MacPherson summarizes the themes and offers analysis on RCAP77, RCAP78, and RCAP79, all of which deal with Aboriginal Justice issues in Canada. Following his report are closing comments and a closing prayer which ends the Commission's sitting.
File contains a presentation by Alfred Scow, B.C. Provincial Court Judge. Judge Scow discusses the detrimental effects of the justice system on Aboriginal peoples, and the Indian Act in particular. Judge Scow also expresses the hope that the Commission will lead to substantive changes in the justice system rather than "window dressing."
File contains a presentation by Chief David Keenan of the Teslin Tlingit Council. Keenan discusses the differences but also the commonalities in values between Aboriginal people and other Canadians. Keenan also discusses the Canadian justice system, over representation in prisons, the need for more resources toward prevention rather than corrections, initiatives his people have taken in the Yukon, and other justice related matters.
File contains a presentation by the Nicola Valley Native Community Law Office, Merritt Legal Services, by Cliff Thorstenson. He discusses his observations on Aboriginal people and the Canadian justice system, particularly with regards to the local situation. Thorstenson offers a critique of justice institutions, and recommends a more culturally appropriate approach to community justice issues. Following the presentation is a discussion between Commissioners Chartrand and Dussault on justice concerns.
File contains a presentation by lawyer and general director of inquiries Frances Hudon, and Patrick Robardet, lawyer and director of jurisdictional affairs and research of the Bureau du protecteur du citoyen. The presenters lay out their proposal that the Commission recommend the creation of a federal ombudsman to serve Aboriginal organizations and communities, particularly in the field of justice issues. Following this the assembled Commissioners discuss the proposal with them.
File contains a presentation by Henry Broomfield. Broomfield discusses the Labrador Native Peoples Funding Agreement and what he sees as its many shortcomings. Broomfield sums up by stating "this funding agreement is deficient in alot of areas. It does not provide sufficient dollars for the operation of our communities. It provides dollars to another government, the province, to run our affairs.
File contains a presentation by Leonard Mandamin. He discusses the nature of the justice system in Canada, the cultural diversity of Aboriginal peoples, and the problems with the term "system," the history of European legal systems relationship with Aboriginal justice, and discusses various models used in the United States, Australia, Canada, and closes by stating that "it is not a question of a unified system or of separate Aboriginal systems...It is a matter of recognizing existing authority and human rights."
File contains a presentation by Pastor Stanley Reid, of the Crime Prevention Committee. Reid discusses the lack of policing in coastal communities, and the problem of a lack of resources generally to deal with crime and crime related issues.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Reg Louttit
Description
File contains a presentation by Reg Louttit of the Attawapiskat First Nation, Nation Justice Project. Louttit discusses the project on his First Nation, its origins, aims and difficulties encountered.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Sharon Venne
Description
File contains an a presentation by Sharon Venne of the Saulteau First Nation. She provides her perspective on Aboriginal governance, the Treaty and the failure of non-Aboriginal society to live up to it, conflicts with the province over wildlife management rights, and educational matters. Following Venne's presentation Erasmus discusses some of these issues with her. Venne also discusses the origins of her First Nation in Manitoba, and a trip there to meet with distant Saulteaux relations of her Nation. A question-and-answer session with the Commissioners follows the presentation.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Steven Katz
Description
File contains a presentation by Steven Katz. Katz discusses justice issues in Canada, and the need for an overhaul of the system due to systemic discrimination toward Aboriginal peoples. Following the presentation Katz discusses some of these concerns with Commissioners Chartrand and Sillet.
File contains a presentation by Denis Jacques and Marie-France Chabot of the Barreau de Quebec. After an introduction of the Association by Denis Jacques, Chabot delivers a detailed report on the particular legal position of Quebec's Aboriginal population relative to those in other provinces. She discusses Treaties, the impact of French Civil law, the unique experience of New France and related matters in framing her argument. Following the presentation Commissioners Dussault and Chartrand comment on the contents and discuss it with Chabot.
Royal Commission on Aboriginal Peoples - Transcriptions of Public Hearings and Round Table Discussions
Documents & Presentations
Author/Creator
Winona Diabo
Joyce K. Mitchell
Description
File contains presentations by Winona Diabo and Joyce K. Mitchell of the Kanawahke Court System. Diabo describes how her community has had its own court system functioning for twelve years without government funding. She outlines a list of priorities and requests for assistance from the Commission, as well as giving an overview of how the justice system functions at Kanawahke with respect to both policing and judicial processes.
File contains an open round table discussion on Aboriginal justice issues in Canada with 34 participants. The theme of the discussion is whether the existing justice system can be remodelled to fit the needs of Aboriginal peoples, and examining the development of culturally appropriate dispute resolution mechanisms. Following the discussion is a closing prayer (pg. 548).
File contains an open round table discussion on Aboriginal justice issues in Canada with 24 participants. The theme of the discussion is the creation of a separate Aboriginal justice system(s), what such a system(s) would deal with, and whether it would be possible to establish such a system(s) under the current Constitutional framework.