The Northern Review最新文献_第7页

Proposed Administrative Tribunal Policies Concerning Indigenous Ecological Knowledge and Values, and the Duty to Consult 关于土著生态知识与价值的行政法庭政策建议及咨询义务

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.010

Michael d’Eça

引用次数: 0

Review of Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women (by Elspeth Kaiser-Derrick) 《隐含制度:土著妇女量刑中的司法话语》(作者:埃尔斯佩思·凯泽-德里克)

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.014

E. Bolger

引用次数: 0

Taking Responsibility for Intergenerational Harms: Indian Residential Schools Reparations in Canada 代际伤害的责任:加拿大印第安寄宿学校的赔偿

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.006

M. Hough

{"title":"Taking Responsibility for Intergenerational Harms: Indian Residential Schools Reparations in Canada","authors":"M. Hough","doi":"10.22584/nr50.2020.006","DOIUrl":"https://doi.org/10.22584/nr50.2020.006","url":null,"abstract":"From 2009 to 2012 the author lived and worked in Whitehorse as a lawyer for Justice Canada. One of her responsibilities was to attend Independent Assessment Process hearings in the role of “Canada’s Representative.” The experience of hearing from survivors and working within the limits of a torts-based process sent the author on an exploration of how harms are classified and remedied in Canadian law. The disconnect she felt between the narrow parameters of the legal process and the ongoing effects of historic harms that were evident in many aspects of northern life needed to be reconciled. Building on previous work that identified and classified harms, the author reviews the thirteen reparations that have been provided for the harms caused by the Indian Residential Schools policy in order to assess how well these reparations, when taken together, are able to address the full range of harms expressed by residential school survivors. The author then suggests additional mechanisms of responsibility, drawn largely from transitional justice theories, which could bring Canadians, as individuals and as a polity, into their role within the intergenerational legacy of the Indian Residential Schools policy and recognize the full range of harms experienced by survivors.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"325 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116783401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Constitutional Status of Yukon — A Normative Analysis 育空地区的宪法地位——一个规范分析

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.002

P. Muir

{"title":"The Constitutional Status of Yukon — A Normative Analysis","authors":"P. Muir","doi":"10.22584/nr50.2020.002","DOIUrl":"https://doi.org/10.22584/nr50.2020.002","url":null,"abstract":"Because Yukon is established by an Act of Parliament, is it possible Ottawa could abolish it or alter the government’s powers at will? The question of the legal position of Yukon in the federation is not straightforward. This article considers three pillars supporting the normative constitutional status of Yukon. The first is a review of functionality, which suggests that today Yukon operates essentially like a province. The second pillar is permanence. It is suggested that the structure of public government, the democratic rights of Yukoners, and the rights of Yukon First Nations, together operate to limit Parliament’s power to unilaterally change the Yukon Act without the agreement of the people of Yukon. The final pillar is sovereignty. As a result of devolution and responsible government, it is suggested that the Yukon government’s sphere of power is now protected from unilateral interference by Parliament. While there has been no constitutional amendment, these pillars support an interpretation that the “constitution-in-practice” has been altered. At the same time, the majority of Yukon First Nations have constitutionally protected rights and are now self-governing. This article concludes that the traditional binary view of the federation comprised of provinces and the federal government needs to be reimagined. The normative constitutional framework must embrace a broader vision that accommodates asymmetries in status and authority, acknowledges a permanent and sovereign place for Yukon and the other territories, and makes space for participation by Indigenous Peoples in governance of the federation.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131984902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Review of Emerging Legal Orders in the Arctic: The Role of Non-Arctic Actors (Edited by Akiho Shibata, Leilei Zou, Nikolas Sellheim, and Marzia Scopelliti) 《北极新兴法律秩序述评:非北极行动者的作用》(柴田明穗、邹磊、尼古拉斯·塞尔海姆、马齐娅·斯科佩利蒂主编)

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.017

A. Kuersten

引用次数: 0

Review of Law’s Indigenous Ethics (by John Borrows) 法律的本土伦理检讨(约翰·博洛斯著)

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.013

Eden Alexander

引用次数: 0

Drawing upon the Wealth of Indigenous Laws in the Yukon 借鉴育空地区丰富的土著法律

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.007

Darcy Lindberg

引用次数: 0

Questions about Questions: Law and Film Reflections on the Duty to Learn 关于问题的问题:法律与电影对学习义务的反思

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.004

Rebecca Johnson

{"title":"Questions about Questions: Law and Film Reflections on the Duty to Learn","authors":"Rebecca Johnson","doi":"10.22584/nr50.2020.004","DOIUrl":"https://doi.org/10.22584/nr50.2020.004","url":null,"abstract":"In 2015, The Truth and Reconciliation Commission concluded that reconciliation will require new relationships between Canadian and Indigenous legal orders. How are legal professionals to participate in making these new relationships? How might lawyers engage productively with the many different Indigenous legal orders in this land? The article takes up challenges of Reconciliation and the Duty to Learn, with a focus on the place of questions in the process of learning. Stories are one important location for this work. Reflecting on the course Law 343: Inuit Law and Film, I offer some thoughts on cinematic stories as a particularly productive site for legal thinking, with a focus on the place of questions as a technique for building understanding and relationship across difference. Using the film The Journals of Knud Rasmussen (2006), I explore six different questions, and consider the kind of work that one can do with each question. This approach invites us to consider the relations we build through the questions we ask, not of others, but of ourselves. I close with some reflections about steps one might take to act on the obligation to learn, taking up the work of questions in our practices of building relations across legal orders.","PeriodicalId":308485,"journal":{"name":"The Northern Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114067036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Law in the Canadian North 加拿大北部的法律

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.100

引用次数: 0

A Northern Lawyer 一位北方律师

The Northern Review Pub Date : 2020-03-09 DOI: 10.22584/nr50.2020.008

J. Casebeer

引用次数: 0