Thursday, February 11, 2010

Major Court Cases

Over the last number of years, it has been the legal process and courts trying to define Indian/Aboriginal or First Nations rights and title. Many Indian/Aboriginal or First Nations court cases have been unsuccessful in their challenge to define process, but there was a few cases that were precedent setting cases, or were they. The Sparrow court case of 1990, the Delgamuukw case of 1997, just to name a few.  These were cases heard at the Supreme Court of Canada level, with success and interpenetrated success. These cases were identified as a victory for First Nation people, finally the highest court in the land identifying parameters of Aboriginal Rights and Title. Yes only parameters, for these cases were to open the flood gates to start defining a more clearer process. The Delgamuukw decision and more then thirteen years later, governments and process are still in the right or wrong stages, and holes that have been poked into such a defining court case. In most Indian/Aboriginal or First Nations circles anger would still exist and persist, why, for it would feel like the treaty process all over again, especially from the First Nations communities from Central and Eastern Canada. Treaties were to be a binding process of defining a relationship, the language within them fell short from their objective. One legal document has always stood out within this entire process, and has mostly stayed true to its language. The "Indian Act", which is now defined under section 35 of the Constitution of Canada of 1982. In most Indian/Aboriginal or First Nations circles, this document is good and bad, a simple question has been asked to a lot of the present First Nations leadership, have they every read the Indian Act from cover to cover. Unfortunately a majority of them would tell you no, why, because it is a very dry and legal document, unless you are a lawyer, for some or majority it would feel alien like. This document has been used by courts and governments for years, now we ask a simple question to all of you, why is that.  Indian/Aboriginal or First Nations People have defined rights and entitlements they can exercise from within this document, we say once again "This is a great time to be Indian".  This document has used and abused Indian/Aboriginal or First Nations people ten fold, lets use and abuse it right back, because we can.

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