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Book Aboriginal Peoples and the Law

Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

Book Repatriation of Sacred Indigenous Cultural Heritage and the Law

Download or read book Repatriation of Sacred Indigenous Cultural Heritage and the Law written by Vanessa Tünsmeyer and published by Springer Nature. This book was released on 2022-01-25 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Book Indigenous Legal Traditions

    Book Details:
  • Author : Law Commission of Canada
  • Publisher : UBC Press
  • Release : 2008
  • ISBN : 0774855770
  • Pages : 189 pages

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Book Pathways of Reconciliation

Download or read book Pathways of Reconciliation written by Aimée Craft and published by Univ. of Manitoba Press. This book was released on 2020-05-29 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Truth and Reconciliation Commission released its Calls to Action in June 2015, governments, churches, non-profit, professional and community organizations, corporations, schools and universities, clubs and individuals have asked: “How can I/we participate in reconciliation?" Recognizing that reconciliation is not only an ultimate goal, but a decolonizing process of journeying in ways that embody everyday acts of resistance, resurgence, and solidarity, coupled with renewed commitments to justice, dialogue, and relationship-building, Pathways of Reconciliation helps readers find their way forward. The essays in Pathways of Reconciliation address the themes of reframing, learning and healing, researching, and living. They engage with different approaches to reconciliation (within a variety of reconciliation frameworks, either explicit or implicit) and illustrate the complexities of the reconciliation process itself. They canvass multiple and varied pathways of reconciliation, from Indigenous and non-Indigenous perspectives, reflecting a diversity of approaches to the mandate given to all Canadians by the TRC with its Calls to Action. Together the authors—academics, practitioners, students and ordinary citizens—demonstrate the importance of trying and learning from new and creative approaches to thinking about and practicing reconciliation and reflect on what they have learned from their attempts (both successful and less successful) in the process.

Book The Constitution Act  1982

Download or read book The Constitution Act 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Freedom and Indigenous Constitutionalism

Download or read book Freedom and Indigenous Constitutionalism written by John Borrows and published by University of Toronto Press. This book was released on 2016-05-12 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Book Indigenous Data Sovereignty

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Book Recovering Canada

    Book Details:
  • Author : John Borrows
  • Publisher : University of Toronto Press
  • Release : 2017-06-22
  • ISBN : 1487516754
  • Pages : 477 pages

Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2017-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Book Troubling Truth and Reconciliation in Canadian Education

Download or read book Troubling Truth and Reconciliation in Canadian Education written by Sandra D. Styres and published by University of Alberta. This book was released on 2022-09-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Troubling Truth and Reconciliation in Canadian Education offers a series of critical perspectives concerning reconciliation and reconciliatory efforts between Canadian and Indigenous peoples. Indigenous and non-Indigenous scholars address both theoretical and practical aspects of troubling reconciliation in education across various contexts with significant diversity of thought, approach, and socio-political location. Throughout, the work challenges mainstream reconciliation discourses. This timely, unflinching analysis will be invaluable to scholars and students of Indigenous studies, sociology, and education. Contributors: Daniela Bascuñán, Jennifer Brant, Liza Brechbill, Shawna Carroll, Frank Deer, George J. Sefa Dei (Nana Adusei Sefa Tweneboah), Lucy El-Sherif, Rachel yacaaʔał George, Ruth Green, Celia Haig-Brown, Arlo Kempf, Jeannie Kerr, David Newhouse, Amy Parent, Michelle Pidgeon, Robin Quantick, Jean-Paul Restoule, Toby Rollo, Mark Sinke, Sandra D. Styres, Lynne Wiltse, Dawn Zinga

Book Make it Safe

    Book Details:
  • Author : Amanda M. Klasing
  • Publisher :
  • Release : 2016
  • ISBN : 9781623133634
  • Pages : 90 pages

Download or read book Make it Safe written by Amanda M. Klasing and published by . This book was released on 2016 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.

Book Canada s Indigenous Constitution

Download or read book Canada s Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.

Book Indigenous Peoples and Governance Structures

Download or read book Indigenous Peoples and Governance Structures written by Garth Nettheim and published by Aboriginal Studies Press. This book was released on 2002 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples, legal and other professionals have actively engaged a number of international and national legal mechanisms to achieve degees of self governance in Canada, the United States, Greenland, Denmark, Norway, New Zealand and Australia. This title presents these precedents in the ongoing effort for self governance.

Book State of the World   s Minorities and Indigenous Peoples 2016

Download or read book State of the World s Minorities and Indigenous Peoples 2016 written by Peter Grant and published by Minority Rights Group. This book was released on 2016-07-12 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

Book The Constitution of India

    Book Details:
  • Author : Arun K Thiruvengadam
  • Publisher : Bloomsbury Publishing
  • Release : 2017-12-28
  • ISBN : 1849468702
  • Pages : 291 pages

Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Book Handbook of Federal Indian Law

Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1942 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: