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Articles by John Borrows
Book review of Marcia Langton & Aaron Corn's: Law: The Way of the Ancestors
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Indigenous Peoples and International Trade: Building Equitable and Inclusive International Trade and Investment Agreements
Since the publication of Indigenous Peoples and International Trade there has been a number of notable international legal economic instruments incorporating provisions relevant for Indigenous Peoples, The Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA), endorsed by Australia, Canada, New Zealand and Taiwan in late 2021, is the first multilateral economic instrument dedicated to Indigenous Trade and Investment.
Listen: Jeff Doctor on the Entrenched Colonialism of Tech
Time and time again, we see the billionaire tech founder or CEO take the stage to present the latest innovation meant to make people’s lives better, revolutionize industries and glorify the power of technology to save the world. While these promises are dressed up in fancy new clothes, in reality, the tech sector is no different than other expansionist enterprises from the past.
Indigenous Peoples and International Trade
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Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada – McGill Law Journal
Abstracts Abstract This article uses the various intellectual property protections afforded to the classic children’s novel Anne of Green Gables as a means of illustrating the blurring between copyright, trademark, and official marks regimes in Canada.
Canadian Justice, Indigenous Injustice
Putting Gerald Stanley's acquittal for killing Colten Boushie in the context of Canada's colonial and systemic discrimination against Indigenous peoples. In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation.
Canada's Indigenous Constitution
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions.
Review of Canada’s Indigenous Constitution (by John Borrows)
Scott Duke Author Biography Scott Duke ... lives, practices law, and fishes in Yellowknife, Northwest Territories. The opinions expressed herein are the author’s own and do not represent those of the federal Department of Justice or the Government of Canada. Published 2020-04-07 This work is licensed under a Creative Commons Attribution 4.0 International License. Authors who publish with this journal agree to the following terms: a.
Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples: John Borrows, Larry Chartrand, Oonagh E. Fitzgerald, Risa Schwartz: 9781928096801: Books - Amazon.ca
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Why Canada's Indigenous principles document matters
Prime Minister Justin Trudeau and Assembly of First Nations Chief Perry Bellegarde participates in the signing of the Assembly of First Nations-Canada Memorandum of Understandingon Joint Priorities on Parliament Hill in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick John Borrows is the Canada Research Chair in Indigenous Law at the Faculty of Law at the University of Victoria, and the winner of the 2017 Killam Prize in the Social Sciences.
An emphasis on indigenous law could help shape a future that’s brighter than our past - The Hill Times
Indigenous peoples also have legal authority that can be referenced and applied when regulating our lives and resolving our disputes. Indigenous law holds standards for judgment. Indigenous legal traditions have criteria for measuring whether actions are consistent with broader principles when making decisions. Indigenous law is unfamiliar to most judges, lawyers, legislators and students in Canada—but it’s not unknown.
John Borrows - The Hill Times - The Hill Times
John Borrows is Canada Research Chair in Indigenous Law at the University of Victoria Law School and is the 2017 Killam Prize winner in Social Sciences for his substantial and distinguished scholarship and commitment to indigenous legal traditions.
UNDRIP Implementation: Braiding International, Domestic and Indigenous Laws
This publication is also available in a French edition. To download the French version, please click here. In Canada, implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an opportunity to explore and reconceive the relationship between international law, Indigenous peoples’ own laws and Canada’s constitutional narratives.
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 Downloads Since September 13, 2016 COinS
"(Ab)Originalism and Canada’s Constitution" by John Borrows
This paper argues that constitutional interpretation should be non-discriminatory. Unfortunately, Canada’s Constitution contains a particularly deep and troubling interpretive inconsistency. This flaw exists in relation to Aboriginal and treaty rights within section 35(1) of the Constitution Act, 1982. Most constitutional rights are interpreted in accordance with a living tree approach. Conversely, Aboriginal peoples’ rights are largely viewed through an originalist lens.
Canadian Journal of Law & Jurisprudence
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