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Project MUSE - Essays in the History of Canadian Law

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United-kingdom , Canada , Canadian , British , John-mclaren , Osgoode-society , British-columbia , Hamar-foster ,

Letters Dec. 17: A slap in the face to farmers; vaccination in the 1800s a lifesaver

Letters Dec. 17: A slap in the face to farmers; vaccination in the 1800s a lifesaver
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Terry Glavin: The truth about the repression of Indigenous law in Canada

Terry Glavin: The truth about the repression of Indigenous law in Canada
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Terry Glavin: The truth about the repression of Indigenous law in Canada


Article content
It’s in a series of initiatives that are now underway to comply with the commission’s Call to Action Number 50: “In keeping with the United Nations Declaration on the Rights of Indigenous Peoples, we call upon the federal government, in collaboration with Aboriginal organizations, to fund the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Aboriginal peoples in Canada.”
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Kamloops , British-columbia , Canada , United-kingdom , Vancouver , Penticton , Toronto , Ontario , Gatineau , Quebec , France , Ottawa

Nothing 'liberal' about colonial policy prior to Confederation


And does it really matter more than 150 years later?
Well, actually, it does.
The Terms of Union, including Article 13, remain embedded in the Canadian Constitution to this day.
In 2014, the Supreme Court of Canada confirmed 1846 (Oregon Treaty) as the date when “the Crown acquired radical or underlying title to all the land in British Columbia at the time of sovereignty.”
This was ground zero for colonialism in B.C. — the foundation of Article 13.
Few historians other than Daniel Clayton have explored the Oregon Treaty of 1846. But the WSÁNEĆ people knew it only too well.
The late Dave Elliot recalled: “It was 1846 when they divided up the country and made the United States and Canada. We lost our land and our fishing grounds. It very nearly destroyed us; all of a sudden, we became poor people. Our people were rich once because we had everything. We had all those runs of salmon and that beautiful way of fishing. When they divided up the country, we lost most of our territory. It is now in the State of Washington. They said we would be able to go back and forth when they laid down the boundary, they said it wouldn’t make any difference to the Indians. They said that it wouldn’t affect us Indians. They didn’t keep that promise very long; Washington made laws over our Federal laws, British Columbia made laws over those Federal laws too, and pretty soon we weren’t able to go there and fish. Some of our people were arrested for going over there.”

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