The use of the term "culture" by the Supreme Court of Canada : a comparison of Aboriginal and non-Aboriginal cases since 1982
Date
2003
Authors
Vallance, Neil
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Abstract
This thesis is intended to provide both a preliminary reconnaissance of the use of the term 'culture' by the Supreme Court of Canada in non-aboriginal rights cases, and a basis for comparison with Aboriginal rights cases. First, the extent of the use of the term by the Court in all Aboriginal and non-aboriginal rights cases over the last twenty-one years was surveyed. Secondly, selected cases were subjected to a more in depth analysis. The survey confirmed that there is no equivalent, in any area of Canadian law, to the "distinctive culture test" in R. v. Van der Peet (1996). In no area of law, other than Aboriginal rights, were cases found where claimants were required to prove anything about their 'culture' as a prerequisite for entitlement to rights. Analysis of the selected cases revealed the Court's use, without any critical awareness, of out-dated concepts of culture.
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Indigenous