• Specific Year
    Any

Sweeney, Desmond --- "Aboriginal Child Welfare: Thanks for the Apology, but what about Real Change?" [1995] AboriginalLawB 50; (1995) 3(77) Aboriginal Law Bulletin 4

[1] The Sydney Morning Herald, 15 August 1995, page 2.

[2] Statement by the Prime Minister on the International Day of Indigenous People, Canberra, 9 August 1995

[3] See Williams v Minister, Aboriginal Land Rights Act (1995) 35 NSWLR 497; `The Stolen Generations Case', Vol 3, 73 Aboriginal Law Bulletin 25.

[4] See Gungil Jindibhah Centre of Southern Cross University, Learning from the Past, New South Wales Department of Community Services at pp 11-18 and references therein.

[5] Royal Commission on Human Relationships (Australia), Final Reports, AGPS, Canberra, 1977, Vol 4 page 125.

[6] Report of the Inquiry into the Death of Malcolm Smith, Royal Commission into Aboriginal Deaths in Custody (Australia), AGPS, Canberra, 1989.

[7] Terms of Reference issued by the Attorney-General dated 11 May 1995, as subsequently varied on 2 August 1995.

[8] The Sydney Morning Herald, 16 May 1995, page 6.

[9]Report, Executive Summary page B.

[10] Report, Executive Summary page C.

[11] At pp 61, 82, 96-7.

[12] Recommendations 15, 16 and 17. See generally pp 82-88.

[13] At page 83.

[14] At page 95.

[15] At pp 83, 90-94.

[16] At page 78.

[17] At pp 58 and 75.

[18] `A by-law for the care of our Indian children' promulgated on 3 June 1980.

[19] Sechelt Indian Band Self-Government Act 1986 (Canada), s14(1)(h). See further John Taylor & Gary Paget, `Federal/Provincial Responsibility and the Sechelt' in David Hawkes (ed), Aboriginal Peoples and Government Responsibility: Exploring Federal and Provincial Roles, Carleton University Press, Ottawa, Canada, 1989.

[20] See further David James, `Legal Structures for Organising Indian Child Welfare Resources', [1987] 2 Canadian Native Law Reporter 1; Desmond Sweeney, `Cultural Perspectives in Child Welfare Custody and Juvenile Justice Laws in Canada', unpublished paper submitted in partial fulfilment of requirements of a Masters of Law Degree, 1992, University of British Colombia.

[21] See Vuntut Gwitchin First Nation Final Agreement between the Vuntut Gwitchin First Nation, the Government of Canada and the Government of the Yukon dated 29 May 1993, clauses 24.2.1.4, 24.2.1.6, 24.2.1.10, 24.3.2.1, 24.3.2.3(b), (c), (e), (g), (i) and (j), and the associated Vuntut Gwitchin First Nation Self-Government Agreement clauses 13.2.2, 13.2.4 and 13.2.7. See also the Vuntut Gwitchin First Nation Self-Government Agreement Implementation Plan dated 29 May 1993.

[22] The Globe and Mail, 11 August 1995, pp A1, A6; Vancouver Sun, 11 August 1995, pp A1-2; see also `Aboriginal self-government - information sheet No. 3', Indian and Northern Affairs, Ottawa, Canada, September 1995. This is as a consequence of the federal government's recent recognition of the inherent right of self-government of First Nations within Canada.

[23] Sections 5, 7(2)(c).

[24] See further, W. Atkin, `The courts and child protection: Aspects of the Children, Young Persons, and Their Families Act 1989', (1990) 20 Victoria University of Wellington Law Review 319; Jean-Benoit Zegers & Catherine Price, `Youth Justice and the Children, Young Persons, and Their Families Act 1989' (1994) 7 Auckland University Law Review 803.

[25] 25 USCS 1901 et seq.

[26] At pp 51 and 95-6.

[27] Assimilation and Aboriginal Child Welfare - the Community Welfare Bill, 1981, Discussion Paper No. 3, Family and Children's Services Agency, September 1981.

[28] In particular, the Secretariat of the National Aboriginal and Islander Child Care has published numerous papers articulating the need for reform. For example, see B. Butler, `Aboriginal Children: Back to Origins' (1993) 35 Family Matters 7.

[29] See Aboriginal Children in Substitute Care - Principal Report - Part 01, Aboriginal Children's Research Project, Family and Children's Services Agency, July 1982, at pp viii-xiv.

Download

No downloadable files available