Law and society Jan 28 lecture notes
Law and Aboriginal peoples in Canada
Two Contrasting faces of law
• On one face the rule of law represents a crucial means whereby the dominant
rules and values in a society are applied and enforced.
• On the other, law represents a place where those rules and values are challenged
and new ways of understanding may emerge.
• It’s taken a lot for the natives to come to the point to say we are bit closer with the
• We are not where we need to be in reconciliation.
Conceptualizing stages in aboriginalcrown relations in Canada
• Alliances and autonomy context:
• Tipping point context:
• Domination context:
• Contemporary period context:
Initial phase of aboriginalcrown relationship
• Context of relationsh p
• Roots of broken relationship is traced back to colonization
• Depended on hostility, however over time there was a egalitarian relationship on
the fur trade time.
• Aboriginals were needed to fight during war. Europeans were unable to coheres
consent of aboriginal people
Legal relations during initial phase
• Nationtonation relationship
• Relationship was suppose to be as brothers of two equals and not a father son
• Tworow wampum belt was suppose to signify their autonomy and individuality a
partnership of two different groups.
Royal proclamation of 1763
• After victory in seven years of war, great Brittan acquires French territory in north
• Established in making treaties.
• Gradually reduced need for aboriginal peoples as military allies
• Aboriginals sided with the British when the Americans attacked, because they
believed Americans would be more likely to interfere with their life as opposed to
the British. • 1812 natives as allies declined.
British law and colonial policy
• Aim= an orderly frontier, regulated by rule of law
Idea that law applied equally to all, including native people
• However, real application of law inconsistent and commitment to it by colonial
administrators was ambivalent
• English law applied to indigenous people for 2 contradictory reason 1 it must be
recognized as official tool of domination
• Law was applied as a paternalistic view
• Indian act disenfranchised Indians
• Ethnocentric pertanalism designed to protect aboriginals from the settlers
• Objective was to re socialize them with religion and education in preparation for
marginal in the colonial economy
Legal relations during tipping point: two competing projects
• Governance project of the colonial office
• Slow down settlement of aboriginals
• Colonialism relied on law to oppress the aboriginals