Braiding Legal Orders by John Borrows

Author:John Borrows
Language: fra
Format: epub
Publisher: MQUP

Be Honourable

Amnesty International Executive Director Craig Benjamin, who presented before the House of Commons Standing Committee on Indigenous and Northern Affairs on March 27, 2018, stated that “requiring Indigenous peoples to go to court if they want their rights respected imposes an onerous and unfair burden, and such processes are inherently adversarial, something that runs contrary to the intention of reconciliation.”21

For reconciliation to be successful, Canada and the provinces need to honour their legal obligations by implementing all Mi’kmaw treaties22 and outstanding Supreme Court of Canada decisions.23 To do so, the federal government and each respective provincial government operating within Mi’kma’ki should enact a MATRIA, legislating full implementation and protection of Mi’kmaw Aboriginal and treaty rights. This would eliminate the need for individuals within the Mi’kmaw Nation to continuously go to the courts to defend their Aboriginal and treaty rights, as well as their inherent rights to self-determination and their rights to lands, waters and resources as Indigenous peoples.

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