Download or read book Reconciliation written by Tony Penikett and published by D & M Publishers. This book was released on 2009-12-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the hundred years since British Columbia joined Confederation, Canada has negotiated only one treaty in the province. A decade after signing the Nisga'a treaty, and despite spending hundreds of millions of dollars, the BC Treaty Commission process had not finalized a single treaty. This impassioned book explains why. The long answer to the question, says author Tony Penikett, is rooted in colonial history: provincial resistance, federal indifference and judicial equivocation. The short answer is that Canadian governments have wanted treaties solely on their own terms. Drawing on three decades of experience as a negotiator and a politician, Penikett argues persuasively that successful treaty making requires not only principled mandates, imaginative negotiators and skilled mediators, but also the political will to redress First Nation grievances. The treaty process in BC is ailing, this book shows clearly, and Penikett has many practical remedies to offer.
Download or read book Australian Indigenous Law Reporter written by and published by . This book was released on 2003 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canadian Abridgment written by and published by . This book was released on 1985 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Black Grapevine written by Linda Briskman and published by Federation Press. This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Black Grapevine tells the extraordinary story of Indigenous efforts to stop children becoming part of the 'stolen generations' and to end the government policies and practices which destroyed their families.Linda Briskman uses the story of the Secretariat of National Aboriginal and Island Child Care (SNAICC) to centre her book. Indigenous people involved tell how they came together to form a national organisation for child care, how they found similar experiences from one end of Australia to the other, how they pooled experience and emotion to provide support for one another, how they lobbied for a national inquiry.And they campaigned. Indigenous activists fought with astonishing resilience for recognition of past and present practices, for the right to have Indigenous viewpoints to the forefront, and for resources.Briskman's story goes beyond the contest with the state to give a convincing portrait of the ways in which Indigenous groups worked. There are connections with international action, educational and fund-raising projects, and the much-vaunted annual Aboriginal and Islander Children's Day.She concludes by reflecting on the successes of campaigns and actions to date, and the extent of 'unfinished business'. Her strong academic background combines with the oral testimony of the activists to produce a fast-moving book that is both entertaining and rigorous.
Download or read book Adventures in Law and Justice written by Bryan Horrigan and published by UNSW Press. This book was released on 2003 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an explanation of topical and newsworthy law-and-justice dilemmas that most affect society and individuals, containing ideas and ideals of law in our lives and exposes the myths and enlivens law's contemporary issues and challenges.
Download or read book Sharing the Land Sharing a Future written by Katherine Graham and published by Univ. of Manitoba Press. This book was released on 2021-06-11 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sharing the Land, Sharing a Future" looks to both the past and the future as it examines the foundational work of the Royal Commission on Aboriginal Peoples (RCAP) and the legacy of its 1996 report. It assesses the Commission’s influence on subsequent milestones in Indigenous-Canada relations and considers our prospects for a constructive future. RCAP’s five-year examination of the relationships of First Nations, Metis, and Inuit peoples to Canada and to non-Indigenous Canadians resulted in a new vision for Canada and provided 440 specific recommendations, many of which informed the subsequent work of the Truth and Reconciliation Commission of Canada (TRC). Considered too radical and difficult to implement, RCAP’s recommendations were largely ignored, but the TRC reiterates that longstanding inequalities and imbalances in Canada’s relationship with Indigenous peoples remain and quite literally calls us to action. With reflections on RCAP’s legacy by its co-chairs, leaders of national Indigenous organizations and the Minister of Crown-Indigenous Relations, and leading academics and activists, this collection refocuses our attention on the groundbreaking work already performed by RCAP. Organized thematically, it explores avenues by which we may establish a new relationship, build healthy and powerful communities, engage citizens, and move to action.
Download or read book Declarations of Interdependence written by Kirsten Anker and published by Routledge. This book was released on 2016-05-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ’make space for’ Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.
Download or read book Law Knowledge Culture written by Jane E. Anderson and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.
Download or read book Honouring Social Justice written by Margaret E. Beare and published by University of Toronto Press. This book was released on 2008-12-08 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honouring Social Justice brings together a diverse group of leading legal scholars, criminologists, and sociologists to study numerous contemporary social justice issues. In doing so, the contributors to this collection present a thorough and multifaceted portrait of recent successes and challenges of the criminal justice systems in Canada and elsewhere. Examining a broad range of vital contemporary social, judicial, and political issues, the essays in this volume pursue topics such as the targeting of marginalized groups, wrongful convictions, gender-based bias in law, government accountability, and inequalities in the application of the law to ethnic and socio-economic groups. These essays provide an illuminating introduction to the background of important social causes, and describe dedicated examples of how to effectively champion calls for social justice. Written to honour the life and work of the late Dianne Martin, a renowned scholar, lawyer, and social activist, Honouring Social Justice is an engaging and inspired series of accounts on how to improve society by leading experts from across the country.
Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Download or read book Moving Aboriginal Health Forward written by Yvonne Boyer and published by Purich Publishing. This book was released on 2019-01-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a clear connection between the health of individuals and the legal regime under which they live, particularly Aboriginal peoples. From the early ban on traditional practices to the constitutional division of powers (including who is responsible for off-reserve Indians under the Constitution), this is an historical examination of Canadian legal regimes and the impact they have had on the health of Aboriginal peoples. With an emphasis on the social determinants of health, Boyer outlines how commitments made regarding Aboriginal rights through treaties and Supreme Court of Canada rulings can be used to advance the health of Aboriginal peoples.
Download or read book Law s Anthropology written by Paul Burke and published by ANU E Press. This book was released on 2011-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.
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.
Download or read book Indigenous Law Bulletin written by and published by . This book was released on 2000 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Download or read book Indigenous Peoples and Autonomy written by Mario Blaser and published by UBC Press. This book was released on 2011-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the UN Declaration on the Rights of Indigenous Peoples in 2007 focused attention on the ways in which Indigenous peoples are adapting to the pressures of globalization and development. This volume extends the discussion by presenting case studies from around the world that explore how Indigenous peoples are engaging with and challenging globalization and Western views of autonomy. Taken together, these insightful studies reveal that concepts such as globalization and autonomy neither encapsulate nor explain Indigenous peoples' experiences.
Download or read book Water Resources Planning and Management written by R. Quentin Grafton and published by Cambridge University Press. This book was released on 2011-02-17 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water is an increasingly critical issue at the forefront of global policy change, management and planning. There are growing concerns about water as a renewable resource, its availability for a wide range of users, aquatic ecosystem health, and global issues relating to climate change, water security, water trading and water ethics. This handbook provides the most comprehensive reference ever published on water resource issues. It brings together multiple disciplines to understand and help resolve problems of water quality and scarcity from a global perspective. Its case studies and 'foundation' chapters will be greatly valued by students, researchers and professionals involved in water resources, hydrology, governance and public policy, law, economics, geography and environmental studies.
