Academic literature on the topic 'Ermineskin'

<br />In Alberta, concerns about the state of educational achievement among First Nations students have been widely reported. Academic literature has well established the link between poor school performance and delinquency. Miyo Wahkohtowin Community Education Authority of Ermineskin First Nation in Hobbema (“Miyo”) has identified one of its major concerns to be low attendance rates among many students. Based on the significant body of work related to risk and protective factors in school-aged children by the Search Institute of Minneapolis, and research related to social capital in Aboriginal communities by Mignone and O’Neil (2005) and others, this study draws on the standard Developmental Asset Profile developed by the Search Institute, and Mignone and O’Neil’s (2005) standardized questions related to cultural and social capital in Aboriginal communities. Results from a survey administered to high school age students (n = 69) and attendance rates for the students, reveal a strong correlation between attendance rates and developmental asset scores. On the other hand, no correlation was revealed between attendance rates and sense of cultural heritage, or perceptions of a positive community context. Implications for building assets and social capital among youth, and strengthening community attachments are discussed.

This article examines current confusion surrounding how courts are to analyze challenges brought under s. 15 of the Canadian Charter of Rights and Freedoms. The authors begin with a review of the 2008 Supreme Court of Canada decision in R. v. Kapp, which gave s. 15(2) independent status to shield ameliorative laws, programs, and activities from the finding of discrimination, but left the application of s. 15(1) unclear. The authors then articulate how three recent Alberta cases on equality post-Kapp illustrate the new uncertainty surrounding how courts are to address equality rights. Through an analysis of the Supreme Court’s 2009 decision in Ermineskin Band and Nation v. Canada, and subsequent decisions of the Alberta Court of Appeal in Morrow v. Zhang and Cunningham v. Alberta (Aboriginal Affairs and Northern Development), this article explores the Supreme Court’s failure to adequately guide lower courts and tribunals on how to apply s. 15 post-Kapp. For example, a framework for reconciling the new role of s. 15(2) and claims of under-inclusive ameliorative programs has yet to be developed. Further, the authors argue that the guidance that has been delivered has improperly narrowed the definition of discrimination to stereotyping and prejudice.

Ideas that are migrating from Canada are already guiding advocates who seek greater judicial and constitutional recognition of Aboriginal and Torres Strait Islander peoples. However, there is a need for a conceptual framework through which to approach the lessons that can be learned from Canada in this area. Inspired by The Migration of Constitutional Ideas, an edited work by Sujit Choudhry, in this thesis I argue that by thinking about the migration and transplantation of foundational ideas and by differentiating between four ‘modes’ of migration (arguments of counsel, judicial determinations, academic critique and constitutional reform deliberations), it is possible to better understand some of the processes that are at play. In particular, by adopting the terminology of the ‘migration’ and ‘transplantation’ of ‘foundational’ ideas, I aim to demonstrate that it is dangerous to transplant foundational ideas, whether derived from the common law or constitutional law, without other ideas (particularly in relation to implications) also migrating. This thesis is a response to two distinct but related topics: ‘Topic 1 — The Potential for Judicial Recognition of Indigenous Self-Government Rights: The Migration of Foundational Ideas from Canada to Australia’ and ‘Topic 2 — Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, the Race Power and an Anti-Discrimination Guarantee: Contemplating Canadian Approaches to Equality’. Through these two topics I examine two of the recognised modes of recognition — judicial and constitutional — and focus on two discrete types of recognition — self-government and non-discrimination — and the lessons that can be learned from Canada. In response to the first topic I consider the extent to which foundational ideas are migrating from Canada to Australia in the field of Indigenous self-government rights and whether these ideas could be used in Australian courts. In response to the second topic I consider the extent to which Canadian experiences may assist when exploring the potential implications of prohibiting discrimination in the Australian Constitution and when examining the various options that are available. As far as the migration of foundational ideas from Canada is concerned, in Topic 1 my starting point is to consider what could be learned from the Canadian jurisprudence in order to understand the ideas that have migrated or could potentially migrate to Australia. In contrast, in Topic 2 I start with an appraisal of the lack of recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution and the perceived problems with s 51(xxvi) (the ‘race power’), and in so doing I consider what benefits (modified) Canadian transplants may offer, if any.