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Interest-Based Negotiations in Multi-Party Disputes as an Alternative to Litigation in Aboriginal Cases in Canada:A Case Study

篇名 Interest-Based Negotiations in Multi-Party Disputes as an Alternative to Litigation in Aboriginal Cases in Canada:A Case Study
作者 Timothy J. Christian
刊名 政大劳动学报
期数 200207(第12期)
出版单位 国立政治大学劳工研究所
起讫页 51-76
摘要

The total Aboriginal population of Canada is 1,170,000 persons who represent 3.9% of the total Canadian population. The Aboriginal population is growing more quickly than the general Canadian population due to higher birthrates. It is expected that the Aboriginal population will continue to grow relatively quickly.

While the United Nations has ranked Canada as the best country in which to live, (for the 7th consecutive year), when the indices for Aboriginal Canadians are separately examined, the picture is troubling. Aboriginal Canadians are disproportionately represented in the criminal justice system and prisons. They have lower levels of education, higher levels of unemployment, and suffer poorer health than other Canadians. Some Aboriginal leaders have remarked on the irony that Aboriginal Canadians are living in third world conditions while the United Nations has ranked Canada as the best country in which to live.

The Human Development Index measures real gross domestic product per capita, educational attainment, and life expectancy, in order to calculate a global measure of quality of life. According to the Canadian study, carried out by the Department of Indian Affairs and Northern Development, the quality of life of registered Indians living on reserves would place them about 60th of the 170 countries studied by the United Nations. The situation is somewhat better for status Indians living off reserves.

The Department's study did not calculate scores for Métis, Inuit and non-status Indians, but there is no reason to believe that their quality of life is significantly higher than that of status Indians.” Annual Report Canadian Human Right’s Commission, 1998.

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