Articles

04 Jan Culture and the Courts: A New Direction in Canadian Jurisprudence on Aboriginal Rights?

Posted at 09:25h in Articles, Posts, Publications

This article explores the implications of changes in Canadian Supreme Court jurisprudence on Aboriginal rights since the 1990s. While recognizing the Court’s valuable contributions in the period from Calder to Sparrow, I argue that the 1996 Van der Peet decision deals a serious blow to...

15 Apr REPRESENTING INDIGENOUS SELF-DETERMINATION†

Posted at 08:54h in Articles, Posts, Publications

Michael A. Murphy* Discussions of indigenous self-determination have traditionally shown little enthusiasm for the idea of indigenous engagement in electoral politics – and for good reasons. Self-determination is usually understood as a means of gaining distance from, rather than inclusion in, state institutions. Legislative bodies are regarded with...