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Maskikiwenow

12 May 2011

Strategies such as those promoted by the Royal Commission, the Aboriginal Healing Foundation, the Canadian Institutes of Health Research and the National Aboriginal Health Organization have addressed the issue of the health deficit by identifying health and healing programs and services within a broader strategy of decolonization. [...] The kind of response that will fulfill the spirit and intent of the recommendations listed above is not only essential for addressing the inequality in Métis health status caused by the impact of colonization, but it is necessary in order to protect the global population for it is in the poorer communities of the world that lies the greatest threat to global health. [...] The Legal Dimensions of the Métis Right to Health The doctrine of Aboriginal rights is defined in reference to s.35 of the Constitution, 1982. [...] It renounces the old rules of the game under which the Crown established courts of law and denied those courts the authority to question sovereign claims made by the Crown.27 Moreover, the Supreme Court of Canada expressly affirmed that this new era of change applied equally to the Métis communities in Canada by their inclusion in s.35 as one of the Aboriginal Peoples to which the protections and [...] Instead of requiring that a Métis claimant group establish that a practice, custom or tradition existed prior to European contact, which was the principle established in Van der Peet, the court modified the test for the Métis to the requirement of establishing a practice, custom or tradition prior to the European assertion of effective governmental control in the area.
health human rights government politics discrimination right to health canada common law copyright culture indigenous peoples international relations law citizenship ethnic group health care alternative medicine disease health status indicators health status indians, north american society health treatment aboriginal fundamental rights liberal aboriginal peoples métis custom (law) human right

Authors

Chartrand, Larry N

Pages
45
Published in
Canada

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