Lawlessness

By: Law is Cool · November 13, 2009 · Filed Under Aboriginal Law · Add Comment 

Caledonia family lived ‘terrified existence’

Barbara Brown writes for the Hamilton Spectator:

A Caledonia family lived inside “a war zone,” says a Hamilton lawyer whose clients will testify about being trapped inside the barricades during the 2006 native occupation of the Douglas Creek Estates.

AdviceScene

The Conflicted Relationship between Lawyers and “Indians”

By: Law is Cool · January 11, 2009 · Filed Under Aboriginal Law, Constitutional Law, Politics · Add Comment 

[The following piece was sent to us by a reader. Reproduced with permission of the author.]

An Identification of the Conflicted Relationship between the Indigenous Nations and the Legal Profession in North America

by Bruce Clark, LL.B., M.A., Ph.D.

An Indian goes into a law office and says, “Since my traditional government never agreed by any treaty to be governed by your government, why does your legal system apply your government’s laws to me on my indigenous nation’s unceded national territory?”

If he lives in Canada the Indian is likely to be aware of the fact that the original constitution for all of British North America (the Royal Proclamation of 1763) reiterated the stipulation that the first principle of all land occupancy and jurisdiction law is, “that the several Nations or Tribes of Indians with whom We are connected and who live under our Protection should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as not having been ceded to or purchased by Us are reserved to them or any of them as their Hunting Grounds.”

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