Aboriginal Law
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Recent papers in Aboriginal Law
This article is about judicial reasoning in the assessment of evidence, and more precisely about judicial reasoning with respect to gauging the weight of oral history and oral tradition evidence presented by Aboriginal peoples in cases... more
This is a reimagination of the Tsilhqot'in decision of the Supreme Court of Canada, in the form of a a decision of the hypothetical Indigenous Nations Court, on appeal from the Supreme Court of Canada. Held: Appeal allowed. The Court... more
Co-production is an emerging source of information about the world, but it is one that has not been adequately theorized in the legal literature. Because co-production contains aspects of both novel science and oral history, it is not... more
The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has catalyzed Indigenous rights conversations in Canada around Free, Prior and Informed Consent (FPIC). The Yukon territory, where a majority of... more
According to the Supreme Court of Canada, Aboriginal title is a property right, albeit of a distinctive kind. Most significantly, the right is subject to an inherent limit: title lands cannot be used in a way that deprives present and... more
The project of reconciliation, heralded by the inclusion of section 35 in the Constitution Act, 1982, has made important strides as Canadian courts have expanded and elaborated the rights of Aboriginal peoples and the duties of the Crown.... more
RÉSUMÉ Le qualificatif est galvaudé, mais l’arrêt de la Cour suprême du Canada dans l’affaire Nation Tsilhqot’in c Colombie-Britannique est véritablement « historique ». Il représente la première reconnaissance judiciaire, concrète,... more
Social Sciences and Humanities Research Council of Canada (SSHRC), University of Guelph, Resources and Sustainable Development in the Arctic (ReSDA), Northern Scientific Training Program (NSTP)
This research paper began as a broad research question that sought to investigate the intersection of Métis identity, citizenship criteria and implementation of An Act respecting First Nations, Inuit and Métis children, youth and families... more
In Uncertain Accommodation: Aboriginal Identity and Group Rights in the Supreme Court of Canada, Dimitrios Panagos aims to explain the origins of our present predicament, in which courts are increasingly the site for conflicts regarding... more
This thesis seeks to intervene in debates over the distribution of land and other resources in postcolonial societies by offering a theoretical framework within which to conceptualise, analyse and critique distribution agreements, such as... more