Equally Recognized? The Indigenous Peoples of Newfoundland and Labrador

Osgoode Hall Law Journal 51:2, Forthcoming

Osgoode Legal Studies Research Paper No. 3/2014

28 Pages Posted: 28 Jan 2014 Last revised: 17 Feb 2014

See all articles by Sébastien Grammond

Sébastien Grammond

University of Ottawa - Civil Law Section

Multiple version iconThere are 2 versions of this paper

Date Written: January 1, 2014

Abstract

In Canada, certain indigenous groups are struggling to obtain official recognition of their status and rights. This is particularly so in Newfoundland and Labrador, where the authorities took the stance, when the province joined Canada in 1949, that no one would be legally considered indigenous. This paper analyzes the claims of the indigenous groups of that province, which have resulted, over the last 30 years, in various forms of official recognition. In particular, it highlights how the concept of equality was used by those groups to buttress their claims. Equality, in this context, was mainly conceived of as “sameness in difference,” that is, the idea that an unrecognized group claims to be treated consistently with other groups that share the same culture or identity and that are already recognized. Such assertions may be made in the context of human rights litigation, but also through joining or leaving associations or federations of indigenous groups. Through that process, unrecognized indigenous groups of the province indicated to whom they wished to be compared and, in doing so, they ironically reinforced the hierarchy of statuses recognized under Canadian law.

Keywords: Aboriginal peoples, equality, recognition, assimilation, colonization, Newfoundland and Labrador

JEL Classification: J71, J78, K19, K39, K40

Suggested Citation

Grammond, Sébastien, Equally Recognized? The Indigenous Peoples of Newfoundland and Labrador (January 1, 2014). Osgoode Hall Law Journal 51:2, Forthcoming; Osgoode Legal Studies Research Paper No. 3/2014. Available at SSRN: https://ssrn.com/abstract=2386304

Sébastien Grammond (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

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