Beyond Van der Peet

December 19, 2017

Beyond Van der Peet

Indigenous peoples in Canada have long fought against the negative impacts of colonization at both the domestic and international level, seeking to protect their fundamental human rights, according to their own legal traditions. Despite protecting Indigenous peoples’ rights in the Constitution Act, 1982, section 35 failed to address the harms of colonialism, including recognizing the role of Indigenous laws when determining Indigenous peoples’ rights.

In this video, CIGI Fellow Brenda Gunn argues that by implementing UNDRIP, provides the Canadian government an opportunity to move beyond the limited interpretations of section 35 to better recognize Indigenous peoples’ rights according to their own legal traditions.

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