The appropriate role for non-aboriginal Canadians and their governments is not only to recognize the rights of aboriginal Canadians, as peoples, to self-government and self-determination, but also to refrain from either expecting or imposing unitary solutions which deny the. Though calls for changes in the realms of both aboriginal-governmental relations and aboriginal justice come from many quarters, just what these changes might entail, and how they will dovetail with the dominant Euro-Canadian governmental and justice systems, are. Sydney, NSW: Institute of Criminology,.13-17. This is clearly not the case. I state "documentary" authority here because this is the level at which most court argument regarding aboriginal rights to self-determination occurs. The BC Appeal Court apparently initiated a query back to the Gitksan-Wet'suwet'en community, wondering whether they could take a more active role in the man's rehabilitation, and perhaps preclude the need for what would otherwise be yet another step. Sorrell, "Sentinelle Affair (1924-1929) Religion and Militant Survivance in Woonsocket, Rhode Island in Rhode Island History, Vol. Believing otherwise gives any beligerent authority the power to write its own rules (e.g., see Slattery, 1991). Franco-Americans could maintain their faith and language and could even be the backbone of an apostolic reconquest of Protestant North America. From what has been observed thus far, the project is certainly successful to the extent that (a) it has fostered positive links between the criminal justice system and the natives, and produced an outgrowth of communication and mutual respect;.
A Brief History Of The Canadian Pacific Railway History Essay
Henderson's (1992) statement that "The law has had great difficulty dealing with the doctrine of aboriginal rights. This research reportwas prepared for my own use - simply as a sort of personal position statement - rather than for any particular publication outlet. On the other hand, Canada's representatives also have been accused of obstructiveness on matters which would seem to have limited precedent value in other domains. But if the Gitksan-Wet'suwet'en and the Mi'kmaq are interested in pusuing their own brand of aboriginal justice, then what is stopping them? D thesis, Univesity of Wisconsin, 1968,. In that broader context, the most recent indications (from Tennant, 1992a) are that the Island Salish are pleased to the extent that the general attitude of participants in the project see the Elders Council "in partnership" with the existing system. A careful examination of the Guide officiel des Franco-Americains, 1927, where the editor carefully listed every francophone priest found in the United States, tells us that there were 620 French-speaking priests in the same area Hamon had covered earlier. Programme Review: The South Island Justice Education Project. While most emigrants tended to occupy low paying non-unionized jobs, they were sometimes affected by strikes among their better paid, skilled and unionized colleagues. With respect to legal considerations, therefore, change of the sort discussed herein would seem to be purely a question of the political will to carry it out (MacKay, 1992). For many, farming in these areas was only a part time activity. Lémigrant acadien vers les États-Unis:, Québec, 1984, 177p. Though the reference in the following" is to the Australian aboriginal courts, Jackson's (1992) comments might have equal applicability to the Canadian scene: "There are general feelings of discontent among community members participating in the scheme.
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Lastly, there will be further costs of settlement, once the destination has been reached. References 1) York, Thomas. In and of itself, this inability to adequately translate the concept of guilt into aboriginal languages is extremely problematic, and can obviously lead to great misunderstanding to the detriment of the aboriginal accused. While a certain number of these people may be of French, Belgian, Swiss, Cajun or Huguenot ancestry, it is certain that a large proportion would have ancestors who emigrated from French Canada or Acadia during the 19th and 20th centuries. The tribal governments continued to retain their domestic, dependent nationhood status over internal affairs, but their governmental structure lost its traditional basis, and customary law was replaced by Indian statutory enactments, known as 'tribal codes as the basis under which daily life was regulated." (pp.273-274). Research conducted in 1935 in Newburyport, where about 1500 Franco-Americans lived, shows that, when the population is divided according to income into five different classes, 40 of French Canadians fell in the lowest category, another.8. Which can, in fact, go a long way toward meeting the wishes of some Aboriginal people." (p.1-7). Thus, we can divide the causes of French-Canadian emigration into two categories : those that pushed, french Canadians to emigrate and those that attracted emigrants to the United States or, more fundamentally, the causes which are internal and those which are external to Quebec. The hotels, Mount Stephen in Field, BC, Glacier House in Rogers Pass, BC and Fraser Canyon House in North Bend, BC were very modest, but they paved the way for the construction of other reasons for canadian confederation essay hotels along CPRs rail line( 2006 Canadian Pacific Railway 11).
Hamilton and Sinclair (1991) assert that aboriginal communities showed tolerance for a broader range of behaviour,.e., fewer acts were considered "criminal" among the aboriginals than among the Europeans. It is basically an extension of the racist and paternalistic attitude towards aboriginal peoples that is characteristic of Canada's colonial traditions." (p.244). These schemes usually met with mitigated success as many emigrants had no desire to return to the land or, in many cases, already reasons for canadian confederation essay owned land. For some traditional nationalists, such as Jules-Paul Tardivel, emigration was to be part of a movement to extend the boundaries of French Canada and of Catholicism. She notes that in the Mi'kmaq culture, emotionality is not reflected by overt emotional tone such as the raising of the voice, but in the language chosen, with the result that Mi'kmaq are not seen as "good witnesses" because of what. The second factor to raise is one that is familiar to historians and sociologists: immigration is the result of the interplay of push and pull factors. In an era where unions were relatively weak, strike funds were insufficient and social security was almost inexistant, strikes could spell disaster for workers and gobble up their savings rapidly. Economic prosperity and boom in the United States would lead to an important rise in the number of emigrants while recessions would push French Canadians to remain in Quebec or, if they lived in the USA, to return to Canada. For the most part, they also represent the range of aboriginal justice initiatives in which the federal government has expressed an interest, and has been willing to fund. Around 1900, a list of the twenty five North American towns containing the most francophones would have included Fall River, Massachusets (33 000 Franco-Americans Lowell, Massachusets (24 800 Manchester, New Hampshire (23 000 and Woonsocket, Rhode Island (17 000).
Jaenen (1988 for examples, notes that "French justice did not appeal to the Iroquois because it restricted itself to punishing the wrongdoer, while neglecting to give satisfaction to the wronged." (p.127). Whatever the distant past, several generations of Indian Act governance, and particularly the disenfranchisement of many women from Indian status because of the discriminatory provisions of the Indian Act regarding inter-marriage, have left many First Nations reasons for canadian confederation essay women without a voice. While many Franco-Americans were being assimilated before the 1930s, a steady stream of new arrivals from Quebec, and a dynamic though somewhat ghettoized community, ensured that their society would continue to thrive. They sought to develop the transportation infrastructure so that Quebec goods gain easy access to markets. They argued that French Canada was an inherently rural society and that urbanisation and industrialisation would upset its traditional balance. However industrialisation progressed far more rapidly in the USA while Canadas economy remained more dependent on primary economic activity.
When the railway was building, many manufacturer began to see this railway had big economic possible. 59, No 3, (september 1983 423-453 and Yolande lavoie, LÉmigration des Québécois aux États-Unis de 1840 à 1930, Québec, Conseil de la langue française, 1979. University of British Columbia Law Review (Special edition.280-305. Indeed, it was during this period that the term «Franco-American» began to be used to designate French-Canadians living in the United States. The central themes of the two aggregates vary so widely, however, that it is meaningful to talk about general differences between them. 77; as given in Yves roby, Les Franco-Américains de la Nouvelle-Angleterre, Sillery, Septentrion, 1990,. Any use of loan funds deemed inappropriate by federal officials may result in reductions or suspension of funding. But the court took a detour; Stuart's (1992) reasons for judgement document the procedures he followed and the reasons for doing. Other sources are also cited.
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The Marshall Inquiry: A view of the legal consciousness. Indian Affairs accused of mismanaging forests. As historians in Quebec «discover» their forgotten relatives in the United States, they learn much about their own society, which has also undergone radical social changes in this century. Sanders (1985) identifies some of the growing number of international aboriginal organizations through which indigenous peoples have found a broader voice, including five bodies which have non-governmental organization (NGO) status at the United Nations: the World Council of Indigenous Peoples. This dismayed traditional nationalists, such as Lionel Groulx, who saw industrialisation and the foreign control of Quebecs economy as a danger to French-Canadian society as great as was emigration. Most people who have not gone to law school would be surprised to learn how little the law is actually concerned with justice.
Frequently, timber companies paid their employees with company scrip, lent money at very high interest rates, were the only market for the produce of local farms or monopolised the retail trade through company stores. The law is primarily concerned with problem-solving." (p.222). In this context, political and economic decisions are by consensus, with greater weight given to the thoughts of those with proven ability, experience and wisdom. As long as the sun shines and water flows: An historical comment. 4 (Spring 1977 784-796. When the visitors had free time they could relax in comfortable chairs and enjoy the Canadas beautiful landscape. They thus controlled the retail and purchasing price for goods, services, manpower and credit. The Task Force on the Criminal Justice System (1991 for example, stated "It is our position that numerous changes can be made relatively quickly to the existing criminal justice system to make it more sensitive to the needs of Aboriginal people.
In numerous native law cases - some dealing with aboriginal rights, others with treaty rights - judges have said at some length that though the applicable law is totally immoral and unfair, the law is the law and. The report is, first of all, a litany of the myriad ways in which the justice system has been ineffective in doing anything positive with Moses, and, instead, seems only to have exacerbated his problems. First Nations sovereignty and self-determination. As Long as the Sun Shines and Water Flows: A Reader in Canadian Native Studies. In this regard, they approvingly cite another historian (K.R.