Canadian Law And Aboriginal Laws

On the fourth of July in 1776 the United States became an independent nation. At that point in time, the foundation for a formal legal system was put into place. One of the oldest sources of law is the common law, which dates back to the colonial days. In the case of Davis v. Baugh, the common law rule was used in the first court trial. Common law refers back to precedent cases of similar disputes and assists the judge in making a decision after comparing both cases. Utilizing this ruling to resolve disputes in court is very helpful because it provides uniformity in court. This rule also provides an expectation of what the verdict will be based off the prior cases. Most importantly, common law allows the judge to remain neutral without the implication of personal bias on each case (Meiners, 2012, pp. 9-10).

When Canada was first inhabited by the First Nations people, the land was completely their own. They were free to inhabit and use the land in whichever manner they saw fit. However, since the arrival of the European settlers, the First Nations people have been mistreated in countless ways. They faced many issues throughout history, and are now facing even more serious problems in our modern society like having to endure racism, discrimination and social ridicule. Given what they already have to deal with, the last thing they should have to worry about is the denial of their rights which is a problem that Aboriginals have to contend with as well.

Since the British North America Act was adopted in 1867, Canada has been developing and writing up their own laws independently from other countries. Many people believe that, though our Canadian laws have come far from the days of the BNA act, they are still not up to par with the harshness of American laws. The advantage that Canadians have over Americans is that in Canada, there is only one criminal code for all Canadians whereas in the United States, every State has their own criminal codes which, unfortunately for the Americans, are not identical. Also, the United States and Canada each have a law that is fraught with the possibility that an injustice will be brought upon those whom these laws apply. In the United States, it is the

To tell the truth, firstly, I think Canada has too many laws because of the lack of universality reflected by its laws.Nowadays, the society and also the quality of people are both developing rapidly day by day.However, from a deeper point of view, we could easily seek out the truth under the “peaceful” and “harmonious” surface of the modern

No community in Canada comes into conflict with criminal justice system officials more disproportionately than Aboriginals (Dickson-Gilmore, 2011, p.77). Indeed, Aboriginal Canadians are often subject to both overt and unintended discrimination from Canadian law enforcement due in large part to institutionalized reputations as chronic substance abusers who are incapable of reform (Dickson-Gilmore, 2011, p.77-78). One of the more startling contemporary examples of this is the case of Frank Paul; a Mi’kmaq Canadian who was left to die in a Vancouver alley by officers of the Vancouver Police Department after being denied refuge in a police “drunk tank”. Not surprisingly, this event garnered significant controversy and public outcry amongst

To what extent has Canada affirmed collective rights for Aboriginals? Has Canada done their job properly by confirming collective rights for one of our main collective groups in Canada? From looking into some of the issues involving our Aboriginal peoples with the Government, it’s clear that the government has done a very weak job of affirming their rights. The government hasn’t completely affirmed the rights of our Aboriginals through the Indian Act, the issue on housing of the Attawapiskat peoples, and the land claims/rights of the Lubicon Cree.

In the midst of the government's interference in the lives of the Indigenous after colonisation, they believed that bringing along protection legislations would work on the behalf of Aboriginals in order to make their lives easier. The Acts were used, as a way of implementing procedures for protection, separation and assimilation amongst the Indigenous populations. In the case of Aboriginals protection Acts are a representation of systematic control. The 1909 NSW Aboriginal Protection Act gave power to the Broad to regulate the lives of the Indigenous. They were monitored throughout their everyday lives, their employment, wages and who they marry or come in contact with. Undoubtedly the Aboriginals are left feeling caged within their own land. Sometime

Aboriginals have made several contributions to Canadian history, which has helped improve one’s standard of living. They have helped with various things such as inventions, discoveries of plants, and have helped significantly in war efforts.

Aboriginal people are the original inhabitants of the land that is now Canada. Many are brave and skilled hunters, on the battlefield, they are recognized as effective scouts and snipers, endowed with courage, stamina, and keen observation powers. During WWI, Aboriginal people made a significant contribution by raising donations over twenty-five thousand dollars and fought in many major battles. Despite the discontent about another war, many Aboriginals again answered the call and made many significant contributions to both the battlefields and the home front. At least 3000 Indians, including 72 women, an unknown number of Inuit, Metis, and other Natives enlisted for military service. Tommy Prince is one of the best aboriginal soldiers in the

The Aboriginal peoples of Canada had gone through many situations to get to where they are today with their education system. Pain, sorrow, doubt, and hope are all feelings brought to mind when thinking about the history and the future of Aboriginal education. By taking a look at the past, anyone can see that the right to education for Aboriginal peoples has been fought about as early as the 1870s. This is still is a pressing issue today. Elder teachings, residential, reserve and post-secondary schools have all been concerning events of the past as well as the present. Though education has improved for the Aboriginal peoples of Canada, there are still many concerns and needs of reconciliation for the past to improve the future.

A current emerging issue in Australian society is the rising representation of Indigenous Australians in prisons across the country. According to the Australian National Council on Drugs, the Aboriginal population is 13 times more likely to end up in jail than the rest of the population (Donovan, 2010). This is despite the Aboriginal population representing only three percent of the total Australian population. In order to combat this problem, a range of legal solutions such as circle sentencing, Indigenous courts and Justice Reinvestment have been implemented. However, the current trend of incarceration rates for the future of Aboriginals suggest that the effectiveness of these solutions need to be put

First Nations is a term used to define Aboriginal people in Canada who are not Métis or Inuit. First Nations people are commonly identified by other names, such as Indians, Natives, Native Canadians, and Native Americans. Using any general term almost always involves an explanation as these names can cause problems. After watching the Ted talk I realized having only one viewpoint to a story can limit the ideas we are able to obtain from it. The Ted talk connects with First Nations as it opens our minds allowing us as viewers to get a new perspective on our prior knowledge. This has led me to question what we are being taught about First Nations and whether it’s the truth.

The Canadian native aboriginals are the original indigenous settlers of North Canada in Canada. They are made up of the Inuit, Metis and the First nation. Through archeological evidence old crow flats seem to the earliest known settlement sites for the aboriginals. Other archeological evidence reveals the following characteristics of the Aboriginal culture: ceremonial architecture, permanent settlement, agriculture and complex social hierarchy. A number of treaties and laws have been enacted amongst the First nation and European immigrants throughout Canada. For instance the Aboriginal self-government right was a step to assimilate them in Canadian society. This allows for a chance to manage

The Effectiveness of the Law in Achieving Justice for Indigenous People In relation to Australia, the term ‘Indigenous peoples’ refers to two distinct cultures of people who inhabited the land prior to European settlement – The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been

There have been many significant cases that have dealt with the issue of jurisdiction. Among these cases was the Sparrow case of 1990. The Court determined that “Aboriginal Rights were constitutionally protected, and that those rights can only be extinguished with First Nations consent.” Moreover, the Court ruled that “Aboriginal rights could only be limited with justifiable reasons and that Aboriginal rights have to be interpreted in a generous and liberal manner.”