Download or read book Ongoing Genocide Caused by Judicial Suppression of the Existing Aboriginal Rights written by Bruce Clark and published by Createspace Independent Publishing Platform. This book was released on 2018-08-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudentially, there are two values that compete for paramountcy in judicial decision-making: to serve truth or, alternatively, fairness. In the aboriginal context, the Canadian judges seem to be trying to be fair to the vast majority of people and the building of their nation, at the expense of the constitutional truth. This is apparent when you consider the Supreme Court of Canada's interpretation of section 35(1) of the Constitution Act, 1982 in the leading 2014 case, Tsilhqot'in. Section 35(1) says: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The Court interpreted section 35(1) to mean the judges have to balance the national interest against the aboriginal interest. In the result, the judges overrode the "existing" aboriginal rights that section 35(1) expressly and explicitly placed beyond the reach of the courts to repeal. Yet section 35(1) says nothing about such a judicial discretion to repeal the saved "existing" aboriginal rights. The judges simply invented, out of thin air, a power of repeal of those aboriginal rights constitutionally placed beyond the jurisdiction of judicial repeal. That is the struggle behind the struggle. The structural integrity of the rule of law and the status of the constitutional democracy have been destroyed by the tension between the law as it is written, and the new "law" as the judges recently invent it. That is what this book is about. That is the seemingly unsolvable problem: how to rescue the truth from feelings of fairness. The solution to that problem is independent and impartial adjudication, which is missing from native and newcomer litigation. It must be brought into existence lest bias rule instead of the law. Sergeant Dennis Ryan of the Royal Canadian Mounted Police representing the Gustafsen Lake Crisis Management Team in September 1995 stated: "Kill this Clark, smear the prick and everyone with him." Why? "The very foundations that Canadian society is built upon are threatened here," is the answer he gave in an interview. The history of those "very foundations," and the true nature of what "is threatened here," is the subject of Ongoing Genocide. Clark was described by one of his clients, the Secwepemc traditionalist elder Wolverine, as "the most dangerous lawyer in Canada." This opinion was shared by the RCMP, the provincial and federal governments, the bench, bar and Chief Justice of Canada and even the National Chief of the Assembly of First Nations. The ten essays in Ongoing Genocide caused by Judicial Suppression of the "Existing" Aboriginal Rights deal with aspects of the "genocide"-within the meaning of section 2(b) of the United Nations' genocide convention-of Indigenous peoples in Canada. That section indicts the imposition of "serious bodily or mental harm" against groups, such as that evidenced by the high rates of suicides of Indians in reaction to the courts' injustices, committed for political reasons contrary to the rule of law. The appendix-entitled "Judicial Culpability for War and Genocide in the Age of American Empire"-deals with the failure of the North American Judiciary to enforce the constitutional provisions prohibiting international war except in self defense to an attack. The lessons learned and practiced on the Natives of North America are exported to the global village, a surrogate Indian country, and the judges do nothing to prevent this pursuant to the rule of law, which it is their constitutional duty to uphold. The cause of the genocidal suppression of existing constitutional law is the criminal politicization of the judiciary. Pointing this out to the courts led to the conviction of the author for criminal contempt of court and disbarment for "conduct unbecoming" a barrister and solicitor. Since then the judicial ignoring of existing constitutional law, for political reasons, has become further entrenched.

Download or read book Colonial Genocide in Indigenous North America written by Alexander Laban Hinton and published by Duke University Press. This book was released on 2014-10-31 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of essays expands the geographic, demographic, and analytic scope of the term genocide to encompass the effects of colonialism and settler colonialism in North America. Colonists made multiple and interconnected attempts to destroy Indigenous peoples as groups. The contributors examine these efforts through the lens of genocide. Considering some of the most destructive aspects of the colonization and subsequent settlement of North America, several essays address Indigenous boarding school systems imposed by both the Canadian and U.S. governments in attempts to "civilize" or "assimilate" Indigenous children. Contributors examine some of the most egregious assaults on Indigenous peoples and the natural environment, including massacres, land appropriation, the spread of disease, the near-extinction of the buffalo, and forced political restructuring of Indigenous communities. Assessing the record of these appalling events, the contributors maintain that North Americans must reckon with colonial and settler colonial attempts to annihilate Indigenous peoples. Contributors. Jeff Benvenuto, Robbie Ethridge, Theodore Fontaine, Joseph P. Gone, Alexander Laban Hinton, Tasha Hubbard, Margaret D. Jabobs, Kiera L. Ladner, Tricia E. Logan, David B. MacDonald, Benjamin Madley, Jeremy Patzer, Julia Peristerakis, Christopher Powell, Colin Samson, Gray H. Whaley, Andrew Woolford

Download or read book Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Download or read book Bringing Them Home written by and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Issues in Transitional Justice written by Natalia Szablewska and published by Springer. This book was released on 2014-10-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Download or read book Suffer the Little Children written by Tamara Starblanket and published by SCB Distributors. This book was released on 2020-04-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada’s role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.

Download or read book Sleeping Giant Awakens written by David B. MacDonald and published by University of Toronto Press. This book was released on 2019-01-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronting the truths of Canada's Indian residential school system has been likened to waking a sleeping giant. In The Sleeping Giant Awakens, David B. MacDonald uses genocide as an analytical tool to better understand Canada's past and present relationships between settlers and Indigenous peoples. Starting with a discussion of how genocide is defined in domestic and international law, the book applies the concept to the forced transfer of Indigenous children to residential schools and the "Sixties Scoop," in which Indigenous children were taken from their communities and placed in foster homes or adopted. Based on archival research, extensive interviews with residential school Survivors, and officials at the Truth and Reconciliation Commission of Canada, among others, The Sleeping Giant Awakens offers a unique and timely perspective on the prospects for conciliation after genocide, exploring the difficulties in moving forward in a context where many settlers know little of the residential schools and ongoing legacies of colonization and need to have a better conception of Indigenous rights. It provides a detailed analysis of how the TRC approached genocide in its deliberations and in its Final Report. Crucially, MacDonald engages critics who argue that the term genocide impedes understanding of the IRS system and imperils prospects for conciliation. By contrast, this book sees genocide recognition as an important basis for meaningful discussions of how to engage Indigenous-settler relations in respectful and proactive ways.

Download or read book State of the World s Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by United Nations. This book was released on 2011-05-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Download or read book After the Trail of Tears written by William G. McLoughlin and published by UNC Press Books. This book was released on 2014-07-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerful narrative traces the social, cultural, and political history of the Cherokee Nation during the forty-year period after its members were forcibly removed from the southern Appalachians and resettled in what is now Oklahoma. In this master work, completed just before his death, William McLoughlin not only explains how the Cherokees rebuilt their lives and society, but also recounts their fight to govern themselves as a separate nation within the borders of the United States. Long regarded by whites as one of the 'civilized' tribes, the Cherokees had their own constitution (modeled after that of the United States), elected officials, and legal system. Once re-settled, they attempted to reestablish these institutions and continued their long struggle for self-government under their own laws--an idea that met with bitter opposition from frontier politicians, settlers, ranchers, and business leaders. After an extremely divisive fight within their own nation during the Civil War, Cherokees faced internal political conflicts as well as the destructive impact of an influx of new settlers and the expansion of the railroad. McLoughlin brings the story up to 1880, when the nation's fight for the right to govern itself ended in defeat at the hands of Congress.

Download or read book An Indigenous Peoples History of the United States 10th Anniversary Edition written by Roxanne Dunbar-Ortiz and published by Beacon Press. This book was released on 2023-10-03 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.

Download or read book Reclaiming Power and Place written by National Inquiry into Missing and Murdered Indigenous Women and Girls and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Indigenous Criminology written by Cunneen, Chris and published by Policy Press. This book was released on 2016-07-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Criminology is the first book to explore indigenous peoples' contact with criminal justice systems comprehensively in a contemporary and historical context. Drawing on comparative indigenous material from North America, Australia, and New Zealand, it both addresses the theoretical underpinnings of a specific indigenous criminology and explores this concept's broader policy and practice implications for criminal justice at large. Written by leading criminologists specializing in indigenous peoples, Indigenous Criminology argues for the importance of indigenous knowledge and methodologies in shaping this field and suggests that the concept of colonialism is fundamental to understanding contemporary problems of criminology, such as deaths in custody, high imprisonment rates, police brutality, and the high levels of violence in some indigenous communities. Prioritizing the voices of indigenous peoples, this book will make a significant and lasting contribution to the decolonizing of criminology.

Download or read book Environmental Justice and the Rights of Indigenous Peoples written by Laura Westra and published by Routledge. This book was released on 2012-05-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

Download or read book Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary written by The Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-27 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Download or read book Axis Rule in Occupied Europe written by Raphael Lemkin and published by The Lawbook Exchange, Ltd.. This book was released on 2014 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this study Polish emigre Raphael Lemkin (1900-1959) coined the term 'genocide' and defined it as a subject of international law"--Provided by publisher.

Download or read book Canada s Residential Schools Reconciliation written by Commission de vérité et réconciliation du Canada and published by McGill-Queen's Press - MQUP. This book was released on 2016-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize” Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: Reconciliation documents the complexities, challenges, and possibilities of reconciliation by presenting the findings of public testimonies from residential school Survivors and others who participated in the TRC’s national events and community hearings. For many Aboriginal people, reconciliation is foremost about healing families and communities, and revitalizing Indigenous cultures, languages, spirituality, laws, and governance systems. For governments, building a respectful relationship involves dismantling a centuries-old political and bureaucratic culture in which, all too often, policies and programs are still based on failed notions of assimilation. For churches, demonstrating long-term commitment to reconciliation requires atoning for harmful actions in the residential schools, respecting Indigenous spirituality, and supporting Indigenous peoples’ struggles for justice and equity. Schools must teach Canadian history in ways that foster mutual respect, empathy, and engagement. All Canadian children and youth deserve to know what happened in the residential schools and to appreciate the rich history and collective knowledge of Indigenous peoples. This volume also emphasizes the important role of public memory in the reconciliation process, as well as the role of Canadian society, including the corporate and non-profit sectors, the media, and the sports community in reconciliation. The Commission urges Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation. While Aboriginal peoples are victims of violence and discrimination, they are also holders of Treaty, Aboriginal, and human rights and have a critical role to play in reconciliation. All Canadians must understand how traditional First Nations, Inuit, and Métis approaches to resolving conflict, repairing harm, and restoring relationships can inform the reconciliation process. The TRC’s calls to action identify the concrete steps that must be taken to ensure that our children and grandchildren can live together in dignity, peace, and prosperity on these lands we now share.