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A claimant should not be barred from seeking leave of the court to pursue a s. 35 claim because his claim engages collective Aboriginal rights or incidentally engages questions of self-government.
In Beaver, Lauwers J.A. reversed the motion judge's ruling, which dismissed Mr. Hill's claim under s. 35 of the Constitution Act,1982. In his claim, Mr. Hill sought to challenge the applicability of the Children's Law Reform Act, R.S.O. 1990, c. C.12 and Family Law Act, R.S.O. 1990 c. F.3, on the basis that he had a right to resolve support obligations under the Indigenous family dispute laws of the Haudenosaunee. The motion judge barred Mr. Hill from pursuing his claim on grounds of standing and justiciability. Regarding standing, the lower court pointed to the uncertainty in the law regarding an individual's ability to personally pursue Aboriginal rights. Regarding justiciability, the motions judge cited Delgamuuk for the proposition that courts cannot adjudicate on claims involving broadly framed rights of self-governance.
Applying these principles, Lauwers J.A. concludes that Mr. Hill's claims are not exclusively claims to self-government. Instead, he seeks a right to have his support obligation determined by the Indigenous family system, which isn't itself a claim to self-government. Moreover, while Mr. Hill's claim may affect other Haudenosaunee people, this is simply the nature of constitutional litigation. Mr. Hill does not make claims for the Haudenosaunee peoples as a group. Lauwers J.A. continues to clarify that while this decision would enable separate spheres of jurisdiction (i.e. the provincial family law system and the Indigenous family law system) this is in keeping with the vision of s.35 as a tool for reconciliation.
This entry was posted in Blog, Case Watch and tagged Aboriginal, Aboriginal and Treaty Rights, Aboriginal self-government, Family Law, Indigenous law by thp151. Bookmark the permalink.


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var express = require('express'),
    app = express(),
    port = 3000

var restConfig = require('./restConfig.json');
var router = require('express-rest-generate')(__dirname, restConfig);
/* or for run with default configuration:
 * var router = require('express-rest-generate')(__dirname); */

app.use('/', router);

app.listen(port, function() {
  console.log('server started on port ', port);
});

redpajama_set_name: RedPajamaGithub


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August pre-trial date set after judge rules against former GOP gubernatorial candidate's motions to dismiss lawsuit filed by former political supporter.
Once upon a time, Steven Hackbarth hauled State Representative Tom Emmer's campaign float in parades with his John Deere tractor. Come August, Hackbarth will be hauling the 2010 GOP gubernatorial candidate into court on a legal malpractice lawsuit.
Wright County District Judge Stephen M. Halsey January 5 denied three out of four of Emmer's motions to dismiss the lawsuit, and set a pre-trial date for August 16.
Steven R. Hackbarth and his roofing contracting company, Hackbarth Enterprises Corporation, both of Silver Lake, a McLeod County town southwest of Emmer's hometown of Delano, filed the lawsuit in September 2010. The lawsuit was first reported on Ripple in Stillwater.
According to Hackbarth's lawsuit, Emmer represented Hackbarth in a legal proceeding that resulted in a judgment against Hackbarth and cost him his state contractor's license. Hackbarth says one of his roofing materials suppliers sued him in 2009 over money the supplier claimed Hackbarth owed him.
The timing of Hackbarth's filing—less than two months before the 2010 election—led Emmer's attorney Michael D. Schwartz to accuse Hackbarth of ulterior motives—despite the fact that he was a longtime political supporter of Emmer's. From his court filings, it's obvious that Schwartz was trying to ward off further embarrassment to his client before the election.
Former Emmer spokesman Carl Kuhl charged that Hackbarth was engaging in political "extortion" by trying to get a $200,000 settlement out of the failed GOP candidate for governor so close to the election.
Halsey ruled in favor of Hackbarth on three out of four motions for dismissal filed by Emmer. He granted Emmer's request to dismiss Hackbarth's individual claim against Emmer, but denied all others, including the claims for Hackbarth's company, Hackbarth Enterprises Corporation, against Emmer.
Halsey also rejected Emmer's request to "reveal confidential information they reasonably believe is necessary to defend the present matter." That information is related to a house fire at Hackbarth's residence that Emmer has tried to make an issue in this case.
Hackbarth says Emmer has represented him in other legal matters satisfactorily, but he regretted that Emmer has refused to take responsibility for his actions in this case.
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Flicker Records' NEVERTHELESS continues to build with their debut project Live Like We're Alive hitting big with the media as well as on the airwaves with their radio single "The Real" currently charting at No. 6 on Rock and No. 23 on CHR. To add fuel to the fire, this Tennessee based band recently signed on with the William Morris Agency for booking. NEVERTHELESS joins the international ranks of Alicia Keys, Switchfoot, The Killers among many others.


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Home » From our vault: Sharpeville, a crime that still echoes by J Brooks Spector, 21 March 2013
From our vault: Sharpeville, a crime that still echoes by J Brooks Spector, 21 March 2013
Some years ago, in the company of one of its designers, this writer had the opportunity to visit the Apartheid Museum in Johannesburg, just before it was opened to the public. Many of the shocking features well-known to people who have visited since were already in place, the entry card assigned by race, the video footage of the gatherings at the Voortrekker Monument, the small mountain of guns collected from the near-open warfare of the KwaZulu-Natal midlands in the 1980s, or Ernest Cole's photographs of the appalling living conditions of mine workers.
But for this viewer, the most astonishing element of the exhibitions was something collected almost by happenstance – actual film footage of the march on the South African Parliament from Langa and Nyanga townships in 1960. This film footage was almost lost to history. A telephone lineman doing some repair work was also an amateur filmmaker who, while perched atop a telephone pole, happened to have his camera at the ready. This footage sat forgotten for decades in his storeroom and his children, years later, found it and offered it to the Apartheid Museum on the chance it might be historically interesting.
In this film, thousands of disciplined marchers on their way to Parliament on 30 March, under the leadership of Pan-Africanist Congress (PAC) youth leader Philip Kgosana, are walking kilometre after kilometre from the sandy reaches of the Cape Flats towards the city centre. This march, and the demonstrations in Sharpeville, Evaton and other places on the Witwatersrand a week earlier, were part of a virtually unprecedented national anti-pass law campaign organised by the PAC, the new anti-apartheid group established by individuals who had just broken away from the ANC because they were dissatisfied with the pace and intensity of the ANC's opposition to the government's repressive measures. Under the charismatic Robert Sobukwe, the PAC set out to organise a national anti-pass law campaign, with marches, demonstrations and mass action to turn in the hated passbooks to the police, and thereby refuse to obey the fundamental mechanism underpinning the entire apartheid edifice.
Kgosana ultimately led 20,000 protesters to Parliament. There, police officers promised to allow him to meet with government officials to present the crowd's grievances – only to arrest him when he returned for that meeting. It sets one wondering, what would have happened had Kgosana simply refused to meet with officials and, instead, insisted on entering Parliament with his gigantic crowd, or, what if the government had actually negotiated with him in good faith instead of arresting him?
During the protests, in some places, the police and the military managed to disperse the protesters, intimidating them with shows of force using military aircraft and armoured cars. But at Sharpeville on 21 March, a crowd the PAC and other eyewitnesses said was no more than 7,000 boisterous but relatively controlled people – but that the police later claimed to be more than 20,000 rioting, violent and mutinous people – closed in on the local police station intent on carrying out their protest and handing over their passbooks. Someone threw a few rocks and the police responded with automatic weapons fire, killing 69 unarmed people and wounding hundreds more.
A short time later, Time magazine's reporter would write of Sharpeville:
"As the police emerged to clean up the carnage, one officer grew sick at the sight and vomited. But the police commander [G D Pienaar] said coolly: 'My car was struck by a stone. If they do these things, they must learn their lesson the hard way.' The dead ?estimates range from 72 to 90?were carted off to makeshift morgues; more than 200 wounded overflowed the native hospital."
The firsthand Time, New York Times and Drum reports, accompanying this article, probably more than anything written half a century later could do, provide the full immediacy of the horror with a verisimilitude that can never come from later, more dispassionate scholarly work a world away from the immediacy of the actual events.
Photo: Crowds gathered outside South Africa House in London's Trafalgar Square, chanting: "Murder, Murder!"
World and domestic reaction to the massacre was electrifying in a way South African leaders did not expect, based on the way the world had responded to everything else they had done until then to impose the apartheid system on the nation. Unusual for its time, the US government joined in with almost instant condemnation. Or as the state department's spokesman told reporters the next day:
"The United States deplores violence in all its forms and hopes that the African people in South Africa will be able to obtain redress for their legitimate grievances by peaceful means. While the United States, as a matter of practice, does not ordinarily comment on the internal affairs of governments with which it enjoys normal relations, it cannot help but regret the tragic loss of life resulting from the measures taken against the demonstrators in South Africa."
The day after the massacre, The New York Times commented the US government also saw that the protests foreshadowed "the tidal wave of African independence [that] is crashing against the breakwater of Afrikaner resistance….Since they have hardly any arms, the Africans are expected to use massive demonstrations and to burn property" and that they would act further with the support of the newly independent nations of Africa. And undersecretary of state Douglas Dillon, helping to set in motion a defence of two decades of proxy wars between the US and the Soviet Union on the continent, testified to the senate's foreign relations committee on 22 March that "Africa has been made a major target area by the Communists, who are stepping up their propaganda and aid programs and seeking to heighten frustration and increase tensions in order to block sound progress under free institutions."
All of this took place in Republican president Dwight Eisenhower's Washington, a city that had yet to experience the civil rights revolution –Martin Luther King's march on Washington was years in the future. Washington was still the virtual fiefdom of a committee of southern segregationist Democratic congressmen and senators who actually ran the city in accord with the ways of the deep south. Washington still had segregated public restrooms, buses and water fountains, downtown hotels and restaurants routinely refused service to Washington's black population, and the city's leadership was only just starting to realise the impact African diplomats from a clutch of newly independent nations would have on America – and the world.
Sharpeville's massacre became a defining moment, not simply by virtue of its violence and its casualties. It took place just a few weeks after British prime minister Harold Macmillan had come to Parliament in Cape Town, on 3 February 1960, to deliver his "Wind of Change" speech in which he would tell South Africans and the world that:
"The wind of change is blowing through this continent. Whether we like it or not, this growth of national consciousness is a political fact… As a fellow member of the Commonwealth it is our earnest desire to give South Africa our support and encouragement, but I hope you won't mind my saying frankly that there are some aspects of your policies which make it impossible for us to do this without being false to our own deep convictions about the political destinies of free men to which in our own territories we are trying to give effect."
And Sharpeville's massacre would come just a few months before more than a dozen independent African states moved onto the international scene following the galvanising effect of Ghana and Guinea's independence less than three years earlier. Additional states such as Zambia, Uganda, Kenya, Nigeria and Tanzania were on course for their independence in just a few more years. Soon enough, Rhodesia would declare its Ian Smith-led unilateral independence and the Portuguese would slide ever deeper and deeper into a morass of unending civil war in Mozambique, Angola, and Guinea-Bissau.
In fact, so rattled were South African authorities by the immediate repercussions of Sharpeville, and then even more so from the march on Parliament only days later, that the government recalled all military personnel from leave and temporarily relaxed the pass laws to calm the situation before it spiralled "out of control". Soon enough, however, Sharpeville was also the precipitating event for the arrest or interrogation of hundreds, perhaps thousands, of people, the movement of others underground or into exile, and then the banning of the ANC and the PAC, as well as their respective military wings – Umkhonto weSizwe and Poqo. Nearly 20 years later, the Soweto generation would hear of these events as if from a near-legendary, long-ago heroic age, even as they created their own movement post-1976. The ancient Greeks told of the inevitable effects from the sowing of dragon's teeth, and so, it could be said, it came to pass here too.
Photo: Mourners at a funeral ceremony for those who were killed by the South African police on this year's (1985) International Day for the Elimination of Racial Discrimination, at Langa Township in Uitenhage. The Day is commemorated each year as the anniversary of the 21 March 1960 Sharpeville massacre. 1/Mar/1985. UN Photo/x.www.unmultimedia.org/photo/
As this writer was contemplating the place of Sharpeville in historical memory, he asked friends and acquaintances how Sharpeville's moment had touched them. For some, such as older people living in foreign nations, Sharpeville had been the precipitating event that had propelled them into a career of international social activism. For others, such as black South Africans who had come of age in the 1960s, Sharpeville's close aftermath was a time of half-known truths, rumours and the anxious moments of the late night rap on the door when the police had come to call.
But perhaps most touching was a note I received from an Afrikaner friend, a former-policeman-turned-university administrator. He wrote to me to say:
"I must admit that the Sharpeville massacre meant very little to me up until the 1980s, as I was only one year old at the time of the event. I only learnt and heard about it during my years at school, during the 60s and 70s, and then it was obviously presented from the perspective of the previous regime.
"The full impact of the event (and others like Soweto 1976) only hit home during my years at university in the early eighties when one's conscious and enquiring mind starts to kick in. When you start to think freely about the world around you as you are 'far' away from the conservative influences of home, [and] one realises there is more to the world than the history teacher at high school in a rural town, SABC radio propaganda and Afrikaans newspapers….[but] I was terribly afraid of the future. Luckily sanity prevailed and we had Nelson Mandela to take us into the future."
After 1994, Sharpeville Day became a national holiday and then, in a more ecumenical moment, was rechristened Human Rights Day, loosening ties to an event 50 years ago – and so the PAC says – to the movement that had called into being the protests that led to that day in history. DM
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Study: Political polarization doesn't dominate people's perceptions of COVID-19
The COVID-19 pandemic has been perceived in the national media as a largely partisan issue in the United States, with Democrats being portrayed as more concerned about the severity of the pandemic than Republicans. However, a new study by a University of Missouri researcher and colleagues suggests that while these political tendencies are still present on a local level, partisan beliefs do not seem to overshadow how people perceive the severity of the pandemic in their own communities.
Credit: University of Missouri
The study, published in the Journal of Health Politics, Policy and Law, was based on the analysis of survey responses from 1,000 participants who took the Cooperative Election Study (CES) in 2020.
Jake Haselswerdt, an associate professor of political science in the Truman School of Government and Public Affairs, said the study found that even people who supported Republican candidates at the ballot box were aware of the severity of the pandemic in their local communities.
"While there is definitely politics going on in terms of the way people perceive the COVID-19 pandemic, it's not drowning out what's happening in real life," Haselswerdt said. "The real public health trends are still getting through to people."
Haselswerdt said the researchers also found people's perceptions of the pandemic do matter for what they would expect — support for COVID-related policies.
"Not surprisingly, we found people who believe the situation was more severe in their counties were more supportive of restrictions, like mask mandates and closing K-12 schools and businesses," Haselswerdt said. "On the other hand, we found no relationship between county-level perceptions of the pandemic and the way respondents say they voted in the 2020 election."
Haselswerdt was also surprised to not find a filter bubble effect — the feeling that it doesn't matter what's going on because someone is not paying attention to it — with Republicans and viewers of Fox News Channel. He said while Americans with these political leanings did give significantly lower estimates of the pandemic's severity in their county, these estimates were still related to their actual county case rate, suggesting local public health information did still get through to them.
"We were expecting to find [with Republicans and viewers of Fox News Channel] that 'it doesn't matter what the COVID-19 rate is in my county because I'm not paying attention to it, and maybe I don't even believe it anyway,'" said Haselswerdt, who has been interested in American politics since he was a child. "Or, 'I have information sources that I listen to telling me that it's no big deal, or masking and shutting down schools is a waste of time.' But that's not what we found, instead we found the real world still matters to people."
The results from this study are similar to the findings of a previous study Haselswerdt and co-author Sarah Gollust from the University of Minnesota did on the opioid epidemic and political voting behavior. In the previous study, Haselswerdt said they also found public perceptions of the opioid epidemic on a local level did not translate to political behavior. Haselswerdt and Gollust are currently working with some of the data they collected for this study for a related project examining what kinds of people Americans think are most harmed by COVID-19, such as people with pre-existing conditions, the elderly, and different races and ethnicities.
"Awareness of COVID-19 at the Local Level: Perceptions and Political Consequences" was published in the Journal of Health Politics, Policy and Law.
Journal of Health Politics Policy and Law
10.1215/03616878-10351896


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Bonnie lives with an older male who she plays with beautifully. Also appears to be beneficial as otherwise she does not like being left alone for too long. She does pull on the lead and needs further training in all areas along with boundaries being set firmly.
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Hey, Guys! I recently went to New Orleans for the Essence Festival, and was thinking how grateful I am to have friends that I can travel with! My friend and I had a blast and I think it has a lot do with us being compatible travel buddies. Have you ever went somewhere with a friend/family and after a while you're ready to head back home? LOL. Let's be honest you can't do everything with everybody. Some people you can only have in small doses.
I've traveled with family & friends and have ended up regretting it because there was drama on the trip. That's the last thing you want when on vacation! Travel with someone that you can always count on to make you laugh & happy.
When I say I want to do something it's rare that I will back out or change my mind at the last minute. It's important to travel with someone you can depend on especially when it comes to booking hotels & flights!
Someone who can go with the flow & roll with the punches!
Everything will not go as planned. Let me repeat that. Everything will NOT go as planned when traveling. & you don't want to be with that person who gets upset every time things don't go right because they will be miserable the whole trip.
I think this is a no brainer lol, BUT I think it's still very important to list. When traveling with someone you'll spend A LOT of time together, and you want to be able to have those meaningful conversations. You ever see people eating at a restaurant and the whole time they're on their phones? Yea… you don't want that. I think traveling is a great way to get to know people on a deeper level, so go with someone you enjoy talking to! Girl chats are the best.
Is there anything else that you think makes for a good travel buddy? I'd love to hear below!