LS300 Lecture Notes - Lecture 5: Indian Act, False Dilemma, Where We Are
Document Summary
Standing against canadian law: naming ommissions of race, culture, Her understanding is that canadian law operates to perpetuate disputes. Almost all scc decisions are resolved by the courts sending them back to trial for a 2nd ime. Indigenous ciizens of our naions have choices about dispute resoluion tradiions and mechanisms that are not necessarily available to canadians. Packages diference as inferiority and obscures both gender-based and racial dominaion, yet cultural consideraions are important for contextualizing oppressed groups claims for jusice. Part of the reason she feels advantaged is because she has a choice about legal systems: oten stand against principles on which canadian law is founded. Reading the scc decision in dlagamuukw, the court chose to quote all white men. Oppression embedded in legal process ranges from subtle to overt and obvious: aboriginal women, pregnant, abusing drugs/alcohol. Impact of individualizaion of our legal relaions moves aboriginal naions further away from our tradiions which are based on kinship based and collecive.
