History 2134A/B Chapter Notes - Chapter 8: Originalism
6 Mar 2018
School
Department
Course
Professor
Document Summary
Aboriginal and treaty rights and violence against women john borrows. Indigenous women in canada : experience violence 3x more than other women, violence is brutal compared to non-indigenous women, 5x more likely to be killed or to disappear" than non-indigenous women, have higher incarceration rates than non-indigenous women. Grassroots models, etc. have been created for dealing with violence against aboriginal women, which often includes support for indigenous self-determination that recognizes and affirms women"s rights. Indigenous communities should be regarded as possessing shared constitutional responsibility for addressing violence against women. Delgamuukw v. the queen: pamjewon"s decision reinforced, scc declined to address issues related to self-governance b/c of the difficult conceptual issues raised by the claim. P & d created a void at the center of s. 35(1) jurisprudence. Canadian indigenous people are denied the similar rights to the usa and corresponding access to political power (both are essential to their safety and their communities" broader health)
