Gordon Christie
Biographic Data
| ID | 454627 |
|---|---|
| NAME | Gordon Christie |
| GIVEN NAMES | Gordon |
| FAMILY NAME | Christie |
| SIGNATURE | CHRISTIE G |
| AFFILIATIONS | University of British Columbia |
| VERIFIED | No |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 10 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
The supersession of Indigenous understandings of justice and morals
Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from disc…
Potential Aboriginal Rights-holders
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder. Canadian jurisprudence has understood Aboriginal claims as culturally grounded (R v Van der Peet). This article tracks how this plays out, looking not just at rights-claims that directly fit the “integral to the distinct culture” test, but also at claims that might be possible should the Supreme Court allow for rights that need not be tied to spe…
Canadian Law and Indigenous Self‐Determination
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
Obligations’, Decolonization and Indigenous Rights to Governance
Many contemporary Indigenous communities in Canada assert an ability to make fundamental authoritative decisions about what is acceptable use of their territories. I focus on the question of legal obligations that might befall the Crown in its relationships with these communities and their claims. I argue that any such obligations must be seen as culturally and contextually specific, not only in the sense that particular Crown obligations take on…
Indigeneity and Sovereignty in Canada's Far North
As the Arctic "opens up" to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sove…
Indigenous Legal Theory
The author works through questions that surround the notion of Indigenous Legal Theory, arguing there should be a body of theorizing that emanates from, and is focused on, Indigenous peoples of Canada. After an introductory investigation into certain issues and problems around the nature of legal theory, remarks are made about the general forms Indigenous Theory might take. He discusses the insights that might be gleaned from non-Indigenous sourc…
Aboriginal Citizenship
Citizenship is a key factor in the development of national identity. Any system for establishing and defining citizenship is meaningless as a tool for the creation of such an identity, however, without control of the mechanisms by which this system is designed and implemented. In this paper I propose to examine the constitutional status of an Aboriginal right to control the design and implementation of citizenship codes. As the judiciary in Canad…
Judicial Justification of Recent Developments in Aboriginal Law
Pendant les dernières décennies, la Cour suprême du Canada a élaboré les conséquences de la constitutionalisation des droits autochtones. La jurisprudence a d'abord adopté une approche fondée sur les droits envers leur protection, les mettant dans une large mesure à l'abri d'intrusions législatives. Dans des décisions plus récentes toutefois, la Cour suprême à considérablement réduit le degré de protection dont ces droits jouissent. Elle a dévelo…
Indigeneity and Sovereignty in Canada's Far North
As the Arctic "opens up" to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sove…
Aboriginal Citizenship
Citizenship is a key factor in the development of national identity. Any system for establishing and defining citizenship is meaningless as a tool for the creation of such an identity, however, without control of the mechanisms by which this system is designed and implemented. In this paper I propose to examine the constitutional status of an Aboriginal right to control the design and implementation of citizenship codes. As the judiciary in Canad…
The supersession of Indigenous understandings of justice and morals
Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from disc…
Obligations’, Decolonization and Indigenous Rights to Governance
Many contemporary Indigenous communities in Canada assert an ability to make fundamental authoritative decisions about what is acceptable use of their territories. I focus on the question of legal obligations that might befall the Crown in its relationships with these communities and their claims. I argue that any such obligations must be seen as culturally and contextually specific, not only in the sense that particular Crown obligations take on…
Judicial Justification of Recent Developments in Aboriginal Law
Pendant les dernières décennies, la Cour suprême du Canada a élaboré les conséquences de la constitutionalisation des droits autochtones. La jurisprudence a d'abord adopté une approche fondée sur les droits envers leur protection, les mettant dans une large mesure à l'abri d'intrusions législatives. Dans des décisions plus récentes toutefois, la Cour suprême à considérablement réduit le degré de protection dont ces droits jouissent. Elle a dévelo…
Judicial Justification of Recent Developments in Aboriginal Law
Pendant les dernières décennies, la Cour suprême du Canada a élaboré les conséquences de la constitutionalisation des droits autochtones. La jurisprudence a d'abord adopté une approche fondée sur les droits envers leur protection, les mettant dans une large mesure à l'abri d'intrusions législatives. Dans des décisions plus récentes toutefois, la Cour suprême à considérablement réduit le degré de protection dont ces droits jouissent. Elle a dévelo…
Aboriginal Citizenship
Citizenship is a key factor in the development of national identity. Any system for establishing and defining citizenship is meaningless as a tool for the creation of such an identity, however, without control of the mechanisms by which this system is designed and implemented. In this paper I propose to examine the constitutional status of an Aboriginal right to control the design and implementation of citizenship codes. As the judiciary in Canad…
Indigenous Legal Theory
The author works through questions that surround the notion of Indigenous Legal Theory, arguing there should be a body of theorizing that emanates from, and is focused on, Indigenous peoples of Canada. After an introductory investigation into certain issues and problems around the nature of legal theory, remarks are made about the general forms Indigenous Theory might take. He discusses the insights that might be gleaned from non-Indigenous sourc…
Indigeneity and Sovereignty in Canada's Far North
As the Arctic "opens up" to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sove…
Obligations’, Decolonization and Indigenous Rights to Governance
Many contemporary Indigenous communities in Canada assert an ability to make fundamental authoritative decisions about what is acceptable use of their territories. I focus on the question of legal obligations that might befall the Crown in its relationships with these communities and their claims. I argue that any such obligations must be seen as culturally and contextually specific, not only in the sense that particular Crown obligations take on…
Canadian Law and Indigenous Self‐Determination
Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal, social, and political landscape.
Potential Aboriginal Rights-holders
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder. Canadian jurisprudence has understood Aboriginal claims as culturally grounded (R v Van der Peet). This article tracks how this plays out, looking not just at rights-claims that directly fit the “integral to the distinct culture” test, but also at claims that might be possible should the Supreme Court allow for rights that need not be tied to spe…
The supersession of Indigenous understandings of justice and morals
Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from disc…
Political science (8 works) · Law (7 works) · Multicultural Socio-Legal Studies (7 works) · Sociology (7 works) · Indigenous (5 works) · Environmental ethics (4 works) · Epistemology (4 works) · Indigenous Health, Education, and Rights (4 works) · Law (4 works) · Politics (4 works)