Category Archives: Aboriginal law

Guest Blog: Don’t give up on Attawapiskat!

Posted on January 23, 2012 by âpihtawikosisân

The following article is my first ‘guest blog post’, by David Schulze, a partner in the law firm of Dionne Schulze in Montréal, which specializes in representing Aboriginal communities and individuals. I think it is important to remember that the … Continue reading →

Posted in Aboriginal law, First Nations, Injustice, James Bay Cree, Treaty 9 | Tagged Aboriginal rights, Attawapiskat, David Schulze, Diamond mine Attawapsikat, Dionne Schulze, Isolated northern communities, JBNQA, Magdalen Islands, Moving Attawapiskat, Treaty 9, Treaty 9 adhesion | 21 Comments

Rights? What rights?

Posted on January 18, 2012 by âpihtawikosisân

Something indigenous people never get tired of hearing about is how we were conquered/defeated/never had rights. I know I just can’t get enough of having this explained to me by loudmouthed bigots and helpful progressives both! It leaves me with … Continue reading →

Posted in Aboriginal law, Injustice, Law | Tagged Aboriginal rights, Adverse possession, Calder, Delgamuukw, Doctrine of Discovery, Mabo, res nullius, terra nullius | 9 Comments

The “that isn’t traditional” meme.

Posted on January 14, 2012 by âpihtawikosisân

Dude. Say it with me. Traditions aren’t technology-dependent. I feel like I’ve said this so often, it should be indelibly emblazoned on the mind of every person who has ever lived, but the sad fact of my limited vocal reach … Continue reading →

Posted in Aboriginal law, Culture, Injustice, Lac Ste. Anne, Representation of natives | Tagged frozen in time, gill nets, Interim Metis Harvesting Agreement, Métis Nation of Alberta, powdered wigs, Powley decision, that's not traditional, traditional native hunting | 26 Comments

No justice, no peace.

Posted on January 10, 2012 by âpihtawikosisân

I hope everyone had a holiday and managed to enjoy it…I used to think that people complaining about putting on weight over the holidays was an exaggeration, but that was back when my metabolism allowed me to gorge myself on … Continue reading →

Posted in Aboriginal law, Alienation, INAC, Indigenous law, Injustice, Law, Representation of natives | Tagged Aboriginal non-Aboriginal relationship, Historical Treaties, Modern Treaties, RCAP, RCAP 10 years after, RCAP 15 years after, Royal Commission on Aboriginal Peoples, What is the RCAP | 14 Comments

You’re Métis? So which of your parents is an Indian?

Posted on December 20, 2011 by âpihtawikosisân

In a previous post, I described what it is like as an Alberta Métis to come to Quebec and realise that ‘Métis’ does not mean the same thing here. I’m not a shut-in…I realised that there were different definitions out … Continue reading →

Posted in Aboriginal law, Culture, First Nations, Half-breed, Kinship, Lac Ste. Anne, Métis, Metis beadwork, Michif, Pan-Indian, Pan-Métis, Representation of natives | Tagged Alberta Métis Settlements, Angelique Callihoo, Chris Andersen metis, David Garneau, definition of Métis, Lac Ste. Anne, Louis Kwarakwante, Louis Riel, Maria Campbell, Métis fiddling, Métis flag, Métis identity, Métis jigging, Métis Nation of Alberta, Métis rights, Métis Sash, Powley test, Red River Métis, Who is Métis | 66 Comments

Got Status? Indian Status in Canada, sort of explained.

Posted on December 14, 2011 by âpihtawikosisân

It has been my experience that many Canadians do not understand the difference between Status and membership, or why so many different terms are used to refer to native peoples. The confusion is understandable; this is a complex issue and … Continue reading →

Posted in Aboriginal law, First Nations, INAC, Law, Métis | Tagged Aboriginal, Band Membership, Bill C-3 Indian, Bill C-31 Indian, Indigenous, non-Status Indian, non-Treaty Indian, Status Indian, Treaty Indian, What is Indian Status | 17 Comments

First Nations taxation

Posted on December 3, 2011 by âpihtawikosisân

I’ve been struggling with what to write next, given the unreal amount of attention my last blog post got. I felt some pressure to use the attention to get a message out…but what do I say, where do I start? … Continue reading →

Posted in Aboriginal law, First Nations, INAC | Tagged do Indians pay taxes, First Nations taxation, Indian Act tax exemption | 53 Comments

Dealing with comments about Attawapiskat

Posted on November 30, 2011 by âpihtawikosisân

I still intend to get a series of posts out clarifying issues like First Nations housing, health-care, education and so on, but I have a confession. I haven’t been staying away from the comments sections of articles about Attawapiskat. I … Continue reading →

Posted in Aboriginal law, First Nations, INAC, Injustice, James Bay Cree, Representation of natives | Tagged Attawapiskat, Attawapiskat third party management, Auditor General June 2011 report, Canadian Taxpayer Federation, First Nations housing, Harper upset about Attawapiskat, Housing crisis First Nations, Salaries of First Nations Chiefs | 1,014 Comments

Let’s all do the Limbo!

Posted on July 6, 2011 by âpihtawikosisân

Without Prejudice agreements Some legal jargon seems to go viral. “Without Prejudice” is definitely one of those viral terms. You will see it slapped up there across emails, documents, agreements…like some sort of ‘keep-the-court-at-bay’ incantation that people mumble without even … Continue reading →

Posted in Aboriginal law, Alienation, Injustice, Law, Listuguj, Mi'gmaq, Settlement Agreements, Without Prejudice agreements | 4 Comments

The more things change, the more they stay the same.

Posted on July 5, 2011 by âpihtawikosisân

Aboriginal law is very frustrating to study and practice. As I’ve pointed out before, Aboriginal law is not the study or practice of indigenous legal traditions but rather is the way in which the Canadian state mediates its relationship with … Continue reading →

Posted in Aboriginal law, Alienation, Comprehensive Claims, INAC, Injustice, Law, Settlement Agreements, Specific Claims | 2 Comments