Tag Archives: Indigenous Law

Trudeau’s plan for Indigenous rights

January 11, 2021|Toronto Star via UVic News

Those who have spoken within this article emphasize the need for collaborative work amongst the Canadian government and Indigenous peoples. They claim that no matter how difficult the restructuring of certain policies may be, it is an important step in moving forward.

John Borrows, the chair in Indigenous law at the University of Victoria, said the ultimate result will be “to make our country more democratic” by broadening decision-making so that Indigenous peoples are directly involved. This could make things like development projects more complicated, but not impossible or even necessarily more difficult, he said.

As seen above, one of the many interviewed for this article was John Borrows, he holds the Canada Research Chair in Indigenous Law at the University of Victoria Law School – where he is also a professor within the Faculty of Law. The Copyright and Scholarly Communications Office encourages you to explore more of his important work by visiting UVic’s institutional repository, UVicSpace.

Featured Dissertation – Dechen ts’edilhtan: implementing Tsilhqot’in law for watershed governance

By Alan Hanna

https://dspace.library.uvic.ca:8443/handle/1828/11933

Alan Hanna is also an assistant professor in the UVic Faculty of Law, JD/JID program.

Abstract:

The people of the Tsilhqot’in Nation have, and continue to, govern their lands according to dechen ts’edilhtan, the laws of their ancestors. Through their history, their control over their lands and waters have faced opposition from outside forces which include neighbouring nations and settler governments into the colonial present. Over time, their laws have remained strong and deeply internalized, and yet have been exercised to maintain their contested control up to the present. One profound moment when Tsilhqot’in laws became apparent to outsiders was when laws relating to access to the nen (Tsilhqot’in land) effectively proved the Tsilhqot’in Nation’s claim of Aboriginal title over a portion of their territory at Canadian law in 2014. This dissertation provides a deep analysis of dechen ts’edilhtan as it applies specifically to use of and access to surface water in the Tsilhqot’in nen. The purpose is two-fold. First, to continue the ongoing work of understanding and articulating Tsilhqot’in law. Second, to facilitate the identification of possible methods through which ancestral laws may engage Canadian legal and political systems for the benefit of Tsilhqot’in people, and indeed, all Canadians.

To read more, visit UVicSpace

*UVic’s open access repository, UVicspace, makes worldwide knowledge mobilization possible. Through this platform, researchers at any institution have access to dissertations (and theses and graduate projects) published by our graduate students. This also makes works available to the interested layperson, who may be engaged in learning more about the research being done at UVic, with no paywall. UVic’s graduate students are doing valuable research every day – but sometimes it goes unsung. Our goal with this series is to shine a light on our students by featuring excellence, one achievement at a time.

The UVic LIbraries ePublishing Services Team