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Skip to Search Results- 4Canadian Law
- 2Ethics
- 1Aboriginal Peoples of Canada
- 1Admissible Evidence
- 1Antiquities
- 1British Columbia
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2004
Leonard, Clayton, Bell, Catherine
Introduction: On 22 October 1993 Steve Powley and his son, both members of a Metis community near Sault Ste. Marie, were charged with hunting a moose without a licence and with knowingly possessing game hunted in contravention of Ontario's Game and Fish Act. The Powleys were acquitted at trial...
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Comment on partners in confederation, a report on self-government by the Royal Commission on Aboriginal peoples
Download1993
Introduction: On April 17, 1982, the Aboriginal and treaty rights of the Aboriginal peoples of Canada were recognized and affirmed in the Canadian constitution. In the following years, several First Ministers' conferences were held to address Aboriginal constitutional matters. A recurring topic...
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Definition and interpretation of fact in Canadian Aboriginal title litigation: A comment on Delgamuukw
Download1994
Asch, Michael, Bell, Catherine
Professors Asch and Bell argue that Aboriginal title litigation presents a unique set of evidentiary problems both for Aboriginal plaintiffs and the courts. The elements of proof of title are themselves imbued with an ethnocentrism which serves to ignore Aboriginal systems of land ownership and...
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Justifications and legal considerations for repatriation of First Nations material culture in Canada
Download2008
Introduction: The topic of repatriation of cultural items creates some discomfort as it may generate polarized perspectives and bring into focus issues of intercultural understanding, ethics, law, politics, knowledge, power, values, and economics. Questions such as “Who owns culture? Whose...
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Legal And Ethical Contexts for Collaborative Research
2017-01-01
Research and writing by Canadian academics conducted in collaboration with Indigenous people, or drawing on Indigenous knowledge, is governed by Indigenous laws and Canadian law and policy, including intellectual property law. This presentation addresses some of the challenges working within this...
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1995
Introduction: For many aboriginal peoples in Canada the concept of aboriginal rights includes a right to exercise control over cultural property.' To date, the assertion of this right has, in most cases, been limited to extra-judicial negotiation. For example, modern land claims agreements such...
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Lois autochtones, loi sur la propriété intellectuelle et politiques muséales: Des diverses méthodes de protection du patrimoine immatériel autochtone / Indigenous law, intellectual property and museum policy: Methods for protecting Aboriginal intangible heritage
Download2014
Skorodenski, Laura K., Lai, Jessica C., Bell, Catherine
Issues around defining respectful relationships, and within those relationships, reconciling laws and values concerning use and control of intangible Indigenous heritage, arise in numerous museum contexts including : repatriation of material culture and associated information ; co-management of...
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1997-01-01
In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...
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Repatriation of cultural property and Aboriginal rights: A survey of contemporary legal issues
Download1992
ABSTRACT. As a result of increasedaboriginaldemands, museumsand govemments are reassessing their roles as guardians of various forms of cultural property. However, an underlyingpresumption in thisprocessis thatastrictlegalanalysisofownershipwill notfavour aboriginalownershipof the...