UNCERTAIN CITIZENS: ABORIGINAL PEOPLES AND THE SUPREME COURT

Authors

  • JOHN BURROWS

Abstract

Citizenship is a multifaceted concept, attentive to issues of rights, participation, identify and social cohesion. It is only in the past few years that Canada's institutions have started to consider these issues in relation to Aboriginal peoples. In particular, the Supreme Court of Canada has been called upon to take a more active role in defining the contours of Aboriginal citizenship . In this respect they have developed doctrines to define Aboriginal rights, permit Aboriginal organizations, recognize the importance of Aboriginal identity, and facilitate social cohesion. While the Court's efforts in these areas are encouraging, it is clear that its work is far from finished. This paper will examine the Supreme Court's treatment of Aboriginal peoples in the area of social cohesion, and evaluate the remaining uncertainty that surrounds the concept of Aboriginal citizenship in Canada.

Keywords:

Aboriginal Law

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Published

2001-03-01

Issue

Section

Legal Commentary

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