Restoring Justice

Indigenous land issues
inspire winning essay
Robin Vernest came to law school knowing first-hand what
struggles Indigenous peoples faced. A Métis woman from
Antigonish, she had an established career working with
Indigenous peoples prior to attending the Schulich School of Law
at Dalhousie University.
She held several management roles building capacity and community
growth in the areas of governance and economic development. It
was during this time that she recognized the importance of land to
the well-being of Indigenous people – socially, spiritually, culturally
and economically. The historical deprivation of an adequate land
base has, in her view, limited their access to traditional resources and
strikes at their sovereignty – which is synonymous with land issues for
Indigenous peoples around the world.
Vernest’s paper on the subject, “Land: Inherent to Indigenous
Sovereignty – The Crown must honour their solemn promises,”
earned her the Nova Scotia Barristers’ Society 2015 Race and the
Law Essay Prize. Now in its eighth year, the prize was created to
recognize and encourage outstanding scholarship by law students in
Nova Scotia on issues of race and law. The prize is presented by the
Racial Equity Committee with sponsorship from Stewart McKelvey.
The paper argues that Indigenous sovereignty cannot be asserted
without first establishing
an adequate land base. The Kevin Hong
deprivation of land has Student, Schulich School of Law
resulted in Indigenous people
being unable to improve their personal or communal situation.
Vernest guides readers through an examination of Canadian laws and
policies that have resulted in a historical tradition of “colonial land
theft and regulation.” She then turns her eye to a line of Supreme
Court of Canada cases and the subsequent reactions by Parliament
to explore the role the courts have played in helping Indigenous
peoples achieve their rights. The impact of this issue extends to non-
Indigenous Canadians as well, she notes.
“Indigenous people have traditionally been the caretakers of the land
... and their principles of environmental protection and conservation
are vital to our collective future.”
The Crown’s duty to consult and possibly accommodate where
Aboriginal rights may be adversely affected allows Indigenous
people to continue this caretaker role. This voice puts Indigenous
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The Society Record