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Overthinking Conflict

Aug 25, 2017

This week we continue our conversation with Roshan Danesh as it shifts to explore the Canadian context.

Terra Nellius

Doctrine of Discovery

Social Darwinism

Residential School

Indian Act

British North America Act

Section 35 of the Canadian Constitution

UN Declaration on the Rights of Indigenous Peoples

Sections 91 and Section 92 of the Canadian Constitution

South African Apartheid

Truth and Reconciliation Committee of Canada

The Canadian Government announced a setting a principled foundation for advancing renewed relationships with Indigenous Peoples based on the Recognition of Rights July 14, 2017

Read the full announcement here 

Summary of the Principles

The Government of Canada recognizes that:

  1. All relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government.
  2. Reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982.
  3. The honour of the Crown guides the conduct of the Crown in all of its dealings with Indigenous peoples.
  4. Indigenous self-government is part of Canada’s evolving system of cooperative federalism and distinct orders of government.
  5. Treaties, agreements, and other constructive arrangements between Indigenous peoples and the Crown have been and are intended to be acts of reconciliation based on mutual recognition and respect.
  6. Meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent when Canada proposes to take actions which impact them and their rights on their lands, territories, and resources.
  7. Respecting and implementing rights is essential and that any infringement of section 35 rights must by law meet a high threshold of justification which includes Indigenous perspectives and satisfies the Crown’s fiduciary obligations.
  8. Reconciliation and self-government require a renewed fiscal relationship, developed in collaboration with Indigenous nations, that promotes a mutually supportive climate for economic partnership and resource development.
  9. Reconciliation is an ongoing process that occurs in the context of evolving Indigenous-Crown relationships.
  10. A distinctions-based approach is needed to ensure that the unique rights, interests and circumstances of the First Nations, the Métis Nation and Inuit are acknowledged,  affirmed, and implemented.

Read the full principles more detail on each principle here

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