Brenda Gunn | University of Manitoba (original) (raw)
Address: Winnipeg, Manitoba, Canada
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Papers by Brenda Gunn
Canadian Journal of Women and the Law, 2014
... the advice of Gordon Christie, who argues that the bringing together of the two legal systems... more ... the advice of Gordon Christie, who argues that the bringing together of the two legal systems requires the recognition of the ability of Aboriginal peoples to continue to define themselves, including the capacity to project their own theories and particular forms of knowledge.17 ...
Windsor Yearbook of Access to Justice, 2013
The majority vote by the General Assembly, which brought the UN Declaration on the Rights of Indi... more The majority vote by the General Assembly, which brought the UN Declaration on the Rights of Indigenous Peoples into existence as an international instrument, was just the first step. Now the long and difficult road of implementation begins. Implementation requires the application of international law in a specific national context. This article explores the potential obstacles to implement the UN Declaration in Canada and suggest avenues to overcome these obstacles. This article concludes that the main obstacle is not a legal one, but rather a lack of political will. Given the limited understandings of the UN Declaration as an international instrument and how international law applies in Canada, this article provides an overview of the significance of a Declaration in international law and also explains how international law applies in Canada. The main recommendation to promote implementation is greater education on the UN Declaration. However, there are also many actions that Indigenous peoples, lawyers and advocates can take to promote implementation in legal and political domains that are discussed at the end of the article.
Canadian Journal of Women and the Law, 2014
... the advice of Gordon Christie, who argues that the bringing together of the two legal systems... more ... the advice of Gordon Christie, who argues that the bringing together of the two legal systems requires the recognition of the ability of Aboriginal peoples to continue to define themselves, including the capacity to project their own theories and particular forms of knowledge.17 ...
Windsor Yearbook of Access to Justice, 2013
The majority vote by the General Assembly, which brought the UN Declaration on the Rights of Indi... more The majority vote by the General Assembly, which brought the UN Declaration on the Rights of Indigenous Peoples into existence as an international instrument, was just the first step. Now the long and difficult road of implementation begins. Implementation requires the application of international law in a specific national context. This article explores the potential obstacles to implement the UN Declaration in Canada and suggest avenues to overcome these obstacles. This article concludes that the main obstacle is not a legal one, but rather a lack of political will. Given the limited understandings of the UN Declaration as an international instrument and how international law applies in Canada, this article provides an overview of the significance of a Declaration in international law and also explains how international law applies in Canada. The main recommendation to promote implementation is greater education on the UN Declaration. However, there are also many actions that Indigenous peoples, lawyers and advocates can take to promote implementation in legal and political domains that are discussed at the end of the article.