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Robert Hamilton

@roberthamilton

Associate Prof at UCalgary Faculty of Law. Research & teach Indigenous rights, property law, constitutional law, legal theory.

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06.10.2023
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Latest posts by Robert Hamilton @roberthamilton

I’ll be interviewed tomorrow morning around 7:30am PST/8:30am MST by Sarah Crosbie on QR 770 Radio in Calgary, about my blunt post below. Should be interesting. Tune in, Calgary.

02.03.2026 03:32 πŸ‘ 127 πŸ” 17 πŸ’¬ 5 πŸ“Œ 4

Please help us spread the word far and wide β€” The Urban Truth Collective @urbantruth.bsky.social is now live! My colleagues @tomflood.bsky.social, @grantennis.bsky.social and I have worked hard to get it here, but this is just the beginning. Stay tuned for more from our launch all week! #UrbanTruth

23.02.2026 20:15 πŸ‘ 51 πŸ” 34 πŸ’¬ 0 πŸ“Œ 0
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Rubio’s and Vance’s claim is that β€œWestern civilization” is unique to Christians (not even Jews) of continental β€œheritage,” and that its values are unique to these people.

It’s important that we recognize these as universal human values, present in any developed society. And avoid 3 fallacies:

21.02.2026 15:27 πŸ‘ 24 πŸ” 8 πŸ’¬ 3 πŸ“Œ 0

5/ You can't really understand the opposition to those rights without accounting for the effectiveness of the voices deliberately sowing that opposition (h/t to @volts.wtf who has been making this argument in other contexts!)

20.02.2026 20:19 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

4/ but they are rolling out the same arguments they have been for decades (any remember when the Nisga'a Final Agreement foretold the collapse of BC's economy??) to convince people that Indigenous rights are an existential threat.

20.02.2026 20:19 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

3/ ...they are being told that, loudly and frequently. There are dozens of editorials by lawyers, academics, and politicos outlining the dangers of Indigenous rights (I won't link here, but you can find them easily enough). None of these are grounded in empirical evidence, of course...

20.02.2026 20:19 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

2/ That's fine as far as it goes, but it leaves out a crucial part of this - the fear mongering that has led people to believe that their property and economic safety is being put at perilous harm. People did not just wake up and assume that Indigenous rights were are threat...

20.02.2026 20:19 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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The fraying consensus on the rights of Indigenous peoples: Ken Coates for Inside Policy With the courts increasingly supporting their claims, Indigenous people are not just asking for a β€œseat at the table” – they’re calling for a full stake in the game.

1/ Ken Coates argues that "Canadians say they support reconciliation. Right now, that support appears to come with a caveat: β€œas long as it doesn’t impact me.”" In short: as the impact of Indigenous rights on individuals has increased, so too has opposition to those claims

tinyurl.com/2sv6mm3u

20.02.2026 20:19 πŸ‘ 2 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0
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Two more preventible deaths on our city roads have left me heartbroken for those families.

This traffic safety crisis is ours to solve. Every death is preventable. Please slow down. Put away the phone. Watch for pedestrians. No destination is worth a life.

Let's make Vision Zero real for Calgary.

18.02.2026 18:42 πŸ‘ 26 πŸ” 7 πŸ’¬ 7 πŸ“Œ 3
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'Absolute tragedy': Toddler dies after collision involving Jeep in southwest Calgary | CBC News Calgary police say a child has died after a collision on Sunday.

A two-year old and a 90 year old are the first two pedestrian deaths in Calgary this year. Important to remember that these tragedies are made much more likely by deliberate design and policy choices as @thewaroncars.bsky.social so effectively remind us.

#visionzero

www.cbc.ca/news/canada/...

19.02.2026 01:03 πŸ‘ 39 πŸ” 4 πŸ’¬ 1 πŸ“Œ 1
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β€œDeclarations of Aboriginal Title Are Not Discretionary” By: Kent McNeil Case Commented On:Β  JD Irving, Limited et al v Wolastoqey Nations,Β 2025 NBCA 129 (CanLII);Β Wolastoqey Nations v New Brunswick and Canada, et al.,Β 2024 NBKB 203 (CanLII) PDF Version:…

Kent McNeil has an important contribution on the NBCA's Aboriginal title decision, questioning the court's conclusion that a declaration of title is discretionary once a factual finding of title is made: ablawg.ca/2026/02/11/d...

13.02.2026 19:56 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Svaneborg Kardyb: Tiny Desk (Home) Concert
Svaneborg Kardyb: Tiny Desk (Home) Concert YouTube video by NPR Music

A cleanse: www.youtube.com/watch?v=M1mg...

06.02.2026 22:08 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

NEW: A Texas county medical examiner found that Geraldo Lunas Campos was choked to death by a guard while he was held in ICE custody earlier this month.

Geraldo is the sixth person to die in ICE detention this year.

26.01.2026 18:39 πŸ‘ 6205 πŸ” 3529 πŸ’¬ 121 πŸ“Œ 232
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US seeks to use Alberta to destabilize Canada The Trump administration and MAGA circles are closely watching the conservative, oil-rich province, particularly as a separatist movement has launched a campaign to organize an independence referendum...

Regarding the ongoing signature collection in Alberta for a referendum on separation, @piosmo.bsky.social writes in Le Monde:

"The MAGA ecosystem has seized on this political moment – the signature drive is scheduled to continue until early May – in an attempt to destabilize Canada."

25.01.2026 01:25 πŸ‘ 112 πŸ” 76 πŸ’¬ 11 πŸ“Œ 7
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The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands By: Robert Hamilton Cases Commented On: JD Irving, Limited et al v Wolastoqey Nation, 2025 NBCA 129 CanLII; Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 CanLII. PDF Version:…

My take on the NBCA's recent decision on Wolastoqey title:

ablawg.ca/2026/01/14/t...

14.01.2026 21:07 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

The Wolastoq (St. John) River

13.01.2026 00:16 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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No Amazon, No Gmail: Trump Sanctions Upend the Lives of I.C.C. Judges

The penalties effectively cut the judges off from all American funds, goods and credit cards, and prohibit individuals and business in the U.S. from working with them. β€œWe’re treated like pariahs, we are on a list with terrorists and drug dealers,” Ms. IbÑñez said. www.nytimes.com/2026/01/10/w...

11.01.2026 13:43 πŸ‘ 182 πŸ” 91 πŸ’¬ 10 πŸ“Œ 14
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Aftershock: The War on Terror

A good (timely!) listen from @lrb.co.uk : www.lrb.co.uk/podcasts-and...

06.01.2026 14:44 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Totally. CEBL uses the Elam ending, have seen many comebacks from 3-point-from-target-score induced insanity. Also, NBA Cup games should use the Elam ending

19.12.2025 20:36 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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As Alberta completes its first full year without coal in its power supply mix, renewables (wind, solar, and hydro) have reached 22% of total generation and natural gas makes up 78%.

15.12.2025 22:19 πŸ‘ 107 πŸ” 38 πŸ’¬ 1 πŸ“Œ 1
Billy Strings: Tiny Desk Concert
Billy Strings: Tiny Desk Concert YouTube video by NPR Music

PSA, there is a Billy Strings Tiny Desk
www.youtube.com/watch?v=Wgqa...

16.12.2025 03:52 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

"... In other words, unlike a typical international β€œsoft law” instrument, UNDRIP should not be treated as a mere β€œnon-binding international instrument” to which modest, moderate, or significant weight, or no weight at all, may be optionally ascribed in the interpretive exercise." (para 129)

05.12.2025 20:08 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

"... with due regard for the extent to which a relevant article expresses a binding international rule or general principle, minimum standard, or aspiration...."

05.12.2025 20:08 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
2025 BCCA 430 Gitxaala v. British Columbia (Chief Gold Commissioner)

Big case for those following the interpretation of UNDRIP in Canadian courts: www.bccourts.ca/jdb-txt/ca/2...

"UNDRIP should be applied as a weighty source for the interpretation of Canadian law in accordance with the presumption of conformity..."

05.12.2025 20:07 πŸ‘ 0 πŸ” 1 πŸ’¬ 1 πŸ“Œ 0
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Cowichan Tribes and Private Property: Separating Fact from Fiction - JFK Law - Canada Since the BC Supreme Court released Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490, in August 2025 declaring that the Quw'utsun (Cowichan)...

This is a very helpful piece "Separating Fact from Fiction" in the Cowichan title decision.

TL;DR: the "threat" to private property is a being vastly overstated.

jfklaw.ca/cowichan-tri...

12.11.2025 21:53 πŸ‘ 8 πŸ” 1 πŸ’¬ 5 πŸ“Œ 0
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Opinion: Notwithstanding clause never meant to be used to benefit the government Dave King was was there when clause was born in Alberta cabinet. It was never meant to be used for the benefit of the government itself.

This stood out from David King's excellent op-ed on s33: "the current government is ... dispirited β€” deeply unhappy with its situation and unable to find any path to joy in serving the people of Alberta." The idea of finding joy in public service...

calgaryherald.com/opinion/colu...

10.11.2025 02:52 πŸ‘ 4 πŸ” 0 πŸ’¬ 1 πŸ“Œ 1
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Private ownership is in jeopardy, lawyer says about Cowichan court ruling | Globalnews.ca The B.C. Supreme Court granted the Cowichan Nation Aboriginal title over nearly six square kilometres of land in Richmond. But the case has created a lot of confusion.

When dealing with contentious issues, orgs like @globalnews.ca should take more care than they did here, running an inflammatory headline based on an interview with a single expert. I promise there are experts with different views (that might induce less hysteria)

globalnews.ca/news/1151268...

08.11.2025 02:14 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

True! And maybe all the fear-mongering and misinformation pols and commentators have offered up has contributed to that public sentiment?

31.10.2025 22:56 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Treaty-Making in Australia and Considerations for Canada By: Robert Hamilton and Harry Hobbs Matter Commented On: Victoria’s Statewide Treaty and Statewide Treaty Bill 2025 PDF Version: Treaty-Making in Australia and Considerations for Canada Indig…

New Post: Treaty-Making in Australia and Considerations for Canada

ablawg.ca/2025/10/22...…tions-for-canada/

22.10.2025 16:00 πŸ‘ 6 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Treaty-Making in Australia and Considerations for Canada By: Robert Hamilton and Harry Hobbs Matter Commented On: Victoria’s Statewide Treaty and Statewide Treaty Bill 2025 PDF Version: Treaty-Making in Australia and Considerations for Canada Indig…

The first state-Indigenous treaty in Australia's history was recently signed. I summarize it here and provide a few (very preliminary) thoughts on whether it may have lessons for agreement-making in Canada.

ablawg.ca/2025/10/22/t...

22.10.2025 18:17 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0