By Michael Asch
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Within the final 20 years there was optimistic switch in how the Canadian felony procedure defines Aboriginal and treaty rights. but even after the popularity of these rights within the structure Act of 1982, the legacy of British values and associations in addition to colonial doctrine nonetheless form how the criminal process identifies and translates Aboriginal and treaty rights.
Additional info for Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference
Parliament dealt with the first, making treaties or sending troops, or establishing policy along lines roughly consistent with the British policy of dealing with Indians as collectively capable of entering into international alliances; and the Department of Indian Affairs dealt with the second (under legislation passed by Parliament, to be sure) along lines that assumed the incapacity of individual Indians and generated administrative arrangements that made this fiction seem like fact. Indeed, much of the legislation, like its administration, created categories that simply confirmed these assumptions, as (to take a contemporary nineteenth-century British analogy) the Vagrancy Acts did when they criminalized previously non-criminal behaviour, such as hanging around the dockyard without a job, which was typical of Irish immigrants.
The idea of Culture and Anarchy in Indian Country Indian tribal citizenship, and therefore of Indian tribal government, was implicit in the enfranchisement provisions. So was the same deep distrust of pluralism, whether of cultural traditions or citizenship, that informed Matthew Arnold's arguments. As with other applicants for British or Canadian citizenship, Indians had both to desire it and to deserve it. There was considerable frustration among those responsible for enfranchisement that even those who 'deserved' it, according to the always arbitrary measures for such things, did not seem to desire it.
Indians were treated as collectively competent, certainly competent enough to negotiate international treaties, but as individually incompetent, in that they needed to be civilized. Parliament dealt with the first, making treaties or sending troops, or establishing policy along lines roughly consistent with the British policy of dealing with Indians as collectively capable of entering into international alliances; and the Department of Indian Affairs dealt with the second (under legislation passed by Parliament, to be sure) along lines that assumed the incapacity of individual Indians and generated administrative arrangements that made this fiction seem like fact.