Indigenous Resistance as Authentic Existence: Past, Present and Future Legal Perspectives
Curtis LeBlanc, JD Candidate at UBC Allard School of Law
This article examines the ways in which Indigenous resistance—past, present and future—has been defined by acts of authentic existence, critical to the preservation of Indigenous cultures and traditional knowledge. It suggests that, presently, this struggle is characterized by the defence of Indigenous lands, which are essential to Indigenous ways of being and knowing. Further, it explores how these acts of resistance have inspired collaborative international efforts to recognize Indigenous rights to sovereignty, self-determination, and jurisdiction.
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When Aboriginal Rights Cross Provincial Borders: Examining Newfoundland and Labrador (Attorney General) v Uashaunnuat (Innu of Uashat and of Mani‑Utenam)
Ainslie Pierrynowski, 2L, Volume 79 Articles Editor
Articles Editor Ainslie Pierrynowski takes on Uashaunnuat, a Supreme Court of Canada case that dealt with an Aboriginal title claim extending across the Quebec-Newfoundland and Labrador borders. Pierrynowski argues that the case has meaningful implications for Aboriginal rights claims across provincial and, potentially, national borders.
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Southwind v Canada: An Opportunity to Reconsider the Nature of Canada's Fiduciary Duty to First Nations?
Shimon Sherrington, 3L, Volume 78 Editor-in-Chief
Ahead of the Supreme Court of Canada’s review of Southwind v Canada, Editor-in-Chief Shimon Sherrington argues that the case presents an opportunity to clarify the application of ‘equitable compensation’ in First Nations-Crown relationship, and thereby redefine the nature of the Crown’s fiduciary duty to First Nations.
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