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Health law

About this section

Use this page for leads to subject headings, secondary titles and legislation relevant to the indigenous peoples and health law and policy.

Indigenous peoples and health law and policy

Health law and policy raise distinct issues for Indigenous peoples in Canada due to the practical realities of the social, economic and health situation of some Indigenous populations.  Other issues include the historical relations between the state and Indigenous peoples and the role of federal legislation and fiduciary responsibilities in respect of indigenous peoples.

Secondary materials applicable to Indigenous peoples and health law and policy

Downie, chapter 13.

Environics Institute, Urban Aboriginal peoples study: main report (Toronto: Environics Institute, 2010)  See also UAPS report summary and key findings.

O. Hankivsky, ed., Health inequities in Canada: intersectional frameworks and practices, (Vancouver: UBC Press, 2011), chapter 2, "Beyond Borders and Boundaries: Addressing Indigenous Health Inequities in Canada through Theories of Social Determinants of Health and Intersectionality"  RA449 H424 2011 (McPherson)

M. Mowbray for International Symposium on the Social Determinants of Indigenous Health, "Social Determinants and Indigenous Health: The international Experience and its policy implications". 

Y. Boyer, The international right to health for indigenous peoples in Canada (Ottawa: National Aboriginal Health Organization; Saskatoon: Native Law Centre, University of Saskatchewan, 2004), Discussion paper series in Aboriginal health. no. 3.

Case law and legislation applicable to Indigenous peoples and health law and policy

Constitution Act, 1867, 91(4).

On federal government fiduciary relationship with indigenous peoples, see Wewaykum Indian Band v Canada, 2002 SCC 79, [2002] 4 SCR 245 and search CanLII for cases citing it on that point.

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