LE3 .A278 2021

2021

Crandall, Erin

Acadia University

Master of Arts

Masters

Political Science

Politics

This thesis reviews the historical and contemporary relationship between indigenous people and the state, highlighting the institutionalization of indigenous people as second-class citizens, and the consequences of this hierarchical categorization through national reports, statistics and firsthand accounts. An analysis of foundational documents and relevant jurisprudence including the Canadian Charter of Rights and Freedoms, R v. Knapp (2008) and Haig v. Canada (1993) is completed for to establish a framework for the activation of s.25 in a way that allows indigenous people to claim positive contemporary rights. The thesis also includes an analysis of the Canadian Human Rights Tribunal (CHRT) case (2016) which found that the government discriminates against indigenous people in the management and delivery of child welfare services. This case provides evidence of state orchestrated discrimination and is used to apply the reimaged s.25 framework to allow for the CHRT 2016 case to be adjudicated as a Charter case.

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https://scholar.acadiau.ca/islandora/object/theses:3630