NCH supports communities and Indigenous collectives in making Indigenous legal orders and constitution pre-eminent. Using the nation-to-nation context, it helps communities advance their self-governance plans. NCH also supports communities in their UNDRIP implementation strategies. It focuses on mechanisms that enable the discarding of racist overtones in Canadian constitutional law, such as the pre- and post-contact distinctions. It spearheads work on long overdue projects like the interpretation of Section 35 in the 1982 Constitution Act.
NCH works with First Nations on navigating the Indian Act, which continues to adversely regulate the affairs of the First Peoples of this land. Whether a nation is choosing to "opt out" of the Indian Act or to reconstitute it, NCH provides legal support to the community to advance their nationhood and land rights assertion goals.
NCH works with First Nations to support them in navigating the Canadian court system and legal landscape as it relates to the assertion of their inherent rights. By providing analyses to relevant case laws, landmark cases, arguments and prior judgements, NCH ensures that First Nations are well equipped with the required legal knowledge and resources to support their cause. NCH focuses on provisions that emanate from Free Prior and Informed Consent.
There is an underlying presence of the Doctrine of Discovery in Canada’s occupation, founding and current laws. Additionally, there is legal predominance/sovereignty of the English common law, the Doctrine of Reception. Biased case law judgements like the R v Sparrow, [1990] , R v Van der Peet, [1996], R v Pamajewon, [1996] still apply in the Canadian legal landscape. These legal issues need reconsideration, especially as they apply to Indigenous land dispossession. NCH works with affected Indigenous communities in this area of legal work.
Copyright © 2020 NationhoodCouncilHouse - all rights reserved