Indianness definition

Indianness appears to be used in a broader sense, for example, to determine whether the nature of an operation at issue has "inherent Indianness" (Sagkeeng) or to "promote Indianness" or enhance the status of Indian people and their families (Shubenacadie). In Tobique, which significantly parallels the present case, the court held that "the gist of the matter consists ... in determining the true character of the activities ..." and found in the analogy of child welfare services to services provided for in the Indian Act (medical, health and education) the necessary element of Indianness to engage federal jurisdiction over labour relations. In Qu'appelle, in applying the traditional and functional test, the court looked at the "Indianness of the operation and its link to Indian rights, status and privileges." 22 The court found that, using this broader conception of "Indianness", the operations of the Society in the case at bar were sufficiently related to matters under section 91(24) of the Constitution Act, 1867 that its labour relations fall under federal jurisdiction (at paragraphs 72, 74, 79 and 81): In the present case, clearly the operations and normal activities at issue, insofar as they relate only to child welfare would, under the functional test, not qualify as a federal object. The question is whether, under the functional test, the operations and normal activities of NIL/TU,O which affect only Indians and are designed to assist First Nations in addressing unique systemic problems and in maintaining their culture, assumes a federal dimension.
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Examples of Indianness in a sentence

  • Klaus Steinvorth accuses Rao of faking Indianness and of pandering to the expectations of the Western reader.105 Interestingly, in spite of wide criticism, Rao continued to write his ‘philosophical essays’ in Puranic form for his readers.106 Responding to these critiques in an 103 Ménage ā trios is form of relationship in which one partner forms a consensus relationship with two partners.

  • British Columbia, [1997] 3 S.C.R. 1010, and concluded that enterprises are subject to federal labour jurisdiction as a result of federal jurisdiction over Indians only in narrow circumstances - when regulation of the enterprise's operations would affect core aspects of "Indianness" as that concept was analysed in Delgamuukw: see Saskatchewan Indian Gaming Authority (Q.B.) at paragraphs 39-40 and 67.

  • To the extent, however, that the case suggests that a program that is designed to assist members of Indian bands is ipso facto a matter promoting "Indianness", it is relevant to the case at bar.

  • It follows, in my judgment, that a programme designed to promote Indianness and limited territorially to the Reserve is one that is constitutionally supportable under section 91(24) of the ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, as being a program relating to Indians and lands reserved for Indians.

  • Other passages suggest that whenever services are provided in a culturally appropriate manner, they trench upon "Indianness".