Tag Archives: Law

Entry 17: Indigenous Australian’s right to self-determination

This site Avaaz.org- community petitions offers online petitions, in hopes of elliciting change in governments. “Community Petitions is a new web platform that gives people around the world the power to start and win campaigns at the local, national, and international levels.” People can create their own petitions and set a goal. Online users sign the petitions , in privacy.

For this particular petition, the purpose is persuade the government of Australia “To empower Indigenous Australians to pursue their sovereign right to self determination, given Australia’s history of ‘genocidal acts’ and racist policies and practices.” The site is trying to reach 500 signatures, using the Internet to increase the exposure of this issue. Created by Robert L of Australia and posted on March 16, 2013, this petition explores the idea that any “referendum regarding Indigenous peoples rights should be voted on seperately by Indigenous peoples and not be dominated by the broader polulation.”

link: htt ps://secure.avaaz.org/en/petition/Aboriginal_and_Torres_Strait_Island_peoples_sovereign_right_to_selfdetermination/

Mod2 – Post4. “Finding Justice”

Last week, a news story surfaced in my community regarding First Nations people having their own court. This court is modeled after a “successful New Westminster model” as well as First Nation courts in Toronto and Kamploops. I believe the development of First Nations courts represents a significant step forward towards sovereignty for First Nations people.

The model is still largely based on the BC provincial court system, however, indigenous peoples who are called upon to face the law will now have the choice to present themselves to the provincial court, or to First Nations court.

When interviewed, Cowichan Tribes Community Justice Coordinator Calvin Swustus said, “This court is unique compared to the contemporary Provincial Court. It does have a First Nations judge, a First Nations Crown counsel, and duty counsel.”

“The First Nations court has been developed to provide a forum for Aboriginal peoples involved with the criminal justice system in a culturally based setting that takes a holistic and restorative healing approach to sentencing,” said Mabel Peter (Tth’utsimulwut), a spokeswoman for the First Nations Court Committee.

I believe that this represents a step in the right direction. The judicial system of BC is now observing the rights of some First Nations groups to be guided by First Nations healing practices, which I see as part of a growing movement to bring back the traditional ways of indigenous people.

Mel Burgess

Simpson, S. (2013). New First Nations court in Duncan first on Island – Canada.com. Retrieved October 14, 2013, from http://www.canada.com/First+Nations+court+Duncan+first+Island/9013710/story.html.

Module 1 – Post 5 – Eco Literate Law

EcoLiterate Law is a website by Robert Hershey, a professor at the University of Arizona teaching in Law and American Indian Studies Faculties and Director of Clinical Education for the Indigenous Peoples Law & Policy Program. This website is created as a course based on an article he wrote titled Globalization and the Transformation of Cultures and Humanity: A Curriculum and Toolkit for the Efflorescence of Ecological Literacy in Legal and Business School Education. This paper includes a section called The Impact of Digital Technology on Indigenous Peoples which I thought would be very relevant to this course.

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