Defending Land and Water: Using Customary International Law to Advance Indigenous Rights in Settler Canadian Law
| dc.contributor.advisor | Newman, Dwight | |
| dc.contributor.committeeMember | Odumosu-Ayanu, Ibironke | |
| dc.contributor.committeeMember | Carter, Mark | |
| dc.contributor.committeeMember | Walters, Mark | |
| dc.creator | Tessier, Adrienne M | |
| dc.date.accessioned | 2024-04-09T03:06:28Z | |
| dc.date.available | 2024-04-09T03:06:28Z | |
| dc.date.copyright | 2024 | |
| dc.date.created | 2024-05 | |
| dc.date.issued | 2024-04-08 | |
| dc.date.submitted | May 2024 | |
| dc.date.updated | 2024-04-09T03:06:28Z | |
| dc.description.abstract | Canada has been gradually working towards implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Recent case law from the Supreme Court affirms that UNDRIP is an interpretative source for Canadian law, but the impact of UNDRIP on constitutional jurisprudence, particularly section 35, remains an open question. While UNDRIP is a non-binding declaration, certain articles of the Declaration may be considered to represent customary international law (CIL). This includes Article 25, which recognizes the right of Indigenous Peoples to “maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.” I argue that Article 25 of UNDRIP is CIL and therefore binding on Canada. Indeed, I argue that Article 25 bridges a gap that currently exists in Canadian law wherein spiritual rights and the protection of territory are seen as distinct, thereby excluding claims by Indigenous Nations and communities who seek to protect their sacred territories. I do so by analyzing existing domestic and international case law on CIL, with a focus on the kinds of evidence and arguments considered by Canadian courts when weighing whether or not a binding custom exists. | |
| dc.format.mimetype | application/pdf | |
| dc.identifier.uri | https://hdl.handle.net/10388/15567 | |
| dc.language.iso | en | |
| dc.subject | Canadian law | |
| dc.subject | international law | |
| dc.subject | UNDRIP | |
| dc.subject | Indigenous rights | |
| dc.subject | Aboriginal law | |
| dc.subject | Customary International Law | |
| dc.subject | CIL | |
| dc.title | Defending Land and Water: Using Customary International Law to Advance Indigenous Rights in Settler Canadian Law | |
| dc.type | Thesis | |
| dc.type.material | text | |
| thesis.degree.department | Law | |
| thesis.degree.discipline | Law | |
| thesis.degree.grantor | University of Saskatchewan | |
| thesis.degree.level | Masters | |
| thesis.degree.name | Master of Laws (LL.M.) |