Hostname: page-component-76fb5796d-25wd4 Total loading time: 0 Render date: 2024-04-30T01:19:15.467Z Has data issue: false hasContentIssue false

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

Published online by Cambridge University Press:  01 March 2001

Michael Murphy
Affiliation:
University of Auckland, Auckland, New Zealand

Extract

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, the author argues that the 1996 Van der Peet decision deals a serious blow to the legal status of Aboriginal rights, particularly the right to self-government. The standard of legal recognition established in Van der Peet constitutes a decided step back from the Court's prior jurisprudence, and is insufficient as a means of securing its stated ends: the survival and well-being of Aboriginal communities and cultures. The author concludes by arguing that the Court can repair the recent damage it has done to Aboriginal rights by revisiting the concept of the quasinational status granted to Aboriginal peoples within the context of the sui generis Crown-Aboriginal relationship.

Type
Research Article
Copyright
© The Canadian Political Science Association (l'Association canadienne de science politique) and/et la Société québécoise de science politique

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)