Thursday, March 22, 2012
Court upholds native fisher's tax exemption, by Alexandra Paul, Winnipeg Free Press, March 22, 2012.
From this story alone, having not actually read the ruling itself, nor analysed the other cases that have ruled on section 87 of the Indian Act, I'm fascinated by what I see as a trend towards establishing 'indianness' (for lack of a better word) by the principle of jus sanguinis, a right that as the old phrase has it can 'be carried on one's back'. This is in marked distinction to the territorially bounded principle used in other cases.
In short, it is no longer necessary to remain on reserve, and I assume more to the point for future decisions, to somehow prove that you or your ancestors were on reserve, or in that specific geographical locale at the time a treaty was signed, to claim rights that were promised and reiterated in various court rulings to ones identity as an aboriginal person.
This deserves closer attention, both to the use of section 87 in recent cases, and the increased recognition that your status / rights to conduct business, engage in social discourse, or otherwise exist as a Canadian, are not bound by the border markers of the reserve.
From this story alone, having not actually read the ruling itself, nor analysed the other cases that have ruled on section 87 of the Indian Act, I'm fascinated by what I see as a trend towards establishing 'indianness' (for lack of a better word) by the principle of jus sanguinis, a right that as the old phrase has it can 'be carried on one's back'. This is in marked distinction to the territorially bounded principle used in other cases.
In short, it is no longer necessary to remain on reserve, and I assume more to the point for future decisions, to somehow prove that you or your ancestors were on reserve, or in that specific geographical locale at the time a treaty was signed, to claim rights that were promised and reiterated in various court rulings to ones identity as an aboriginal person.
This deserves closer attention, both to the use of section 87 in recent cases, and the increased recognition that your status / rights to conduct business, engage in social discourse, or otherwise exist as a Canadian, are not bound by the border markers of the reserve.
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