Transfer of jurisdiction for education: A paradox in regard to the constitutional entrenchment of Indian rights to education and the existing treaty No. 3 rights to education.

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Title: Transfer of jurisdiction for education: A paradox in regard to the constitutional entrenchment of Indian rights to education and the existing treaty No. 3 rights to education.
Authors: McPherson, Dennis H.
Date: 1997
Abstract: Education, to date, has failed Indian people. Shortfalls in education provided to Indian people, brought about by constitutionally sanctioned discrimination under s. 91(24) of the Constitution Act, 1867 and made operant by the Indian Act, 1876 and a boarding school system, is well documented in the report of the Royal commission on Aboriginal People and elsewhere. From this archaic beginning the government has recently taken the initiative to transfer jurisdiction for education to Treaty No. 3 area Indian bands. This initiative is examined in this thesis. The examination begins with cultural differences and progresses through a variety of legal instruments and case law pertaining to Indians within the education system and their rights to education. A position of entrenched aboriginal rights to education under s. 93 of the Constitution Act, 1867 is arrived at. It is argued that these constitutionally entrenched rights, dormant for almost 100 years, came alive in 1960 when the government granted the rights of citizenship to status Indian people.
URL: http://hdl.handle.net/10393/4367
http://dx.doi.org/10.20381/ruor-10227
CollectionTh├Ęses, 1910 - 2010 // Theses, 1910 - 2010
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