In Canada, certain indigenous groups lacking official status have turned to the courts in order to secure the recognition of their indigenous identity and their corresponding rights. In most cases, these attempts failed. This study shows that these groups’ lack of resources and inability to conform to the stereotyped popular image of the indigenous group are important factors that explain the courts’ denial of their claims. This suggests that a marginalized group’s visibility or invisibility is a material factor in determining whether courts will address its needs.
- indigenous peoples