Indigenous Legal Principles: A Reparation Path for Canada’s Cultural Genocide

ABSTRACT

This article argues that Canada’s justice system and the lawyers that operate within it are ill prepared to comprehend or reconcile the relationship between colonial legal systems and indigenous systems of law. They do not get training in indigenous law, so vital to crafting appropriate reparations for the wrongs justified by colonial practices and prejudices, and that could open doors to reconciliation and healing. The example used in this article to illustrate how the two systems of law could successfully interact is the historic Indian Residential School Settlement – the largest settlement in Canadian history, almost entirely based on Indigenous law and legal theory, and harmonized in part with principles of the common law of tort. The Indian Residential School Settlement proves that in post-colonial societies western frameworks lack the tools necessary to remediate injuries motivated by systemic discrimination, which, in this case, was cultural genocide. Different perspectives and legal theories are necessary to craft appropriate reparations and the processes used to achieve them. Unless indigenous laws, traditions, and practices are central to the design and implementation of reparations, state responses to the cultural genocide perpetrated against indigenous peoples in Canada will not open pathways to either healing or reconciliation.     

The First Nations Land Management Act: Twenty Years of Reconciliation

ABSTRACT

Since 1999, The First Nations Land Management Act (FNLMA) has offered First Nations the opportunity to opt out of the clauses of the Indian Act that deal with land management. To date, 78 First Nations have gone through the process of writing and ratifying their own land codes to manage their own land transactions on reserve. This article assesses the FNLMA as a potential mechanism of reconciliation, noting both the ways in which the Act marks a significant symbolic and tangible shift in First Nations governance and the ways in which it entrenches existing, and fundamentally neo-colonial, structures of power.     

莫高窟第76窟八塔变相关问题再探

莫高窟第76窟内的八塔变图像出现于宋初时期,其粉本应是中印佛教交流过程中由印度僧人传至敦煌的。而这一题材绘入洞窟时正处在敦煌末法思潮盛行的背景之下,作为正法象征的八塔变壁画蕴含了信众渴求佛法不灭的心愿。同时,莫高窟第76窟作为大族营建的家窟,具有举办佛事活动的功能,八塔变与窟内其他题材的相互联系能够更好地服务于信众的信仰实践活动。     

Domestic dog (Canis familiaris) diets among coastal Late Archaic groups of northeastern North America: A case study for the canine surrogacy approach

The Canine Surrogacy Approach (CSA) is a form of analogy in which stable isotope information from dog remains is used as a proxy for associated human keepers. The approach has garnered increasing attention in recent years due to its capacity to provide information on human diets in contexts where human remains are limited or unavailable. CSA applications have often been conducted on an ad hoc basis and rarely has the human–dog analogy been treated systematically or cohesively. This case study aims to remedy this issue. Using a recently developed CSA interpretive framework (Guiry, 2012), we test the feasibility of using dog bone collagen stable carbon and nitrogen isotope signatures as a proxy for their human keepers among two similar marine oriented Late Archaic populations that occupied the northeastern coast of North America. After characterizing the feasibility of CSA applications in these archaeological contexts, the CSA is then used to reconstruct diet at a culturally related site at which no human remains have been recovered.     

The Role of Provinces,States, and Territories in Shaping Federal Policy for Indigenous Peoples’ Health

ABSTRACT

Under both Canadian and United States law, the availability and quality of healthcare and health services to Indigenous peoples are primarily a federal responsibility. Nevertheless, sub-national authorities—most importantly provinces, states, and territories—play a crucial role by virtue of covering (often through federal mandate) services, and regulating health facilities and health personnel off-reserv(ation). While both federal governments have undertaken efforts to transfer, within their fiduciary obligations, their responsibilities for Indigenous peoples’ health to the management of Indigenous peoples themselves, that transfer has considered or included provincial, state, and territorial authorities and resources unevenly, and, in some cases, in tension with the objectives of respecting standards for quality and access. This article applies the methodology used by Canadian researchers of the sub-national health authority issue to the health transfer experience in the United States. The article summarizes findings that demonstrate similar deficiencies as those present in the Canadian transfer process. The article further outlines the experiences of Hawai`i and Ontario as offering models through which to address some of these deficiencies. The article finally suggests that there is a positive relationship between greater participatory models adopted by provinces, states, and territories and better health outcomes among Indigenous groups so included.     

A 9th-century Arab or Indian shipwreck in Indonesian waters

The article describes in some detail the structural features of a 9th-century shipwreck that was recently found in Indonesian waters. The principle features of the wreck include planks joined by stitching with wadding inboard and outboard of the hull, a sharp bow with little rake, stitched-in frames, through-beams stitched to the hull, removable ceiling planks, a keelson and stringers, and a composite iron and wood anchor. These characteristics are shown to be those of ancient Arab and Indian vessels. Identification of several timber species confirms that the ship was constructed in the western Indian Ocean region. The cargo provides strong evidence for China as the place of lading. © 2000 The Nautical Archaeology Society