Download or read book Advancing Aboriginal Claims written by University of Alberta. Centre for Constitutional Studies and published by Purich Publishing. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's Aboriginal peoples face many challenges - some legal, others rooted in traditional Aboriginal culture - as they advance their claims through negotiation or the courts. A looming question for Aboriginal groups seeking justice for their claims is how best to address these challenges in light of recent decisions of the Supreme Court of Canada involving Aboriginal issues. Can Canadian law and courts provide real justice for Aboriginal peoples? How can Aboriginal communities take advantage of the 1982 constitutional changes that offer protection to treaty and Aboriginal rights without compromising the texture of the relationships and responsibilities that constitute and give purpose to their ways of life? The eleven contributors to this collection present innovative ideas written from a variety of Aboriginal and non-Aboriginal perspectives, including those of Aboriginal women and Métis, on advancing Aboriginal claims. Legal and philosophical issues addressed include: how to ensure the interests of Aboriginal women are adequately represented; the relative merits of negotiation and litigation as means of advancing Aboriginal claims; the difficulty in reconciling Aboriginal legal philosophies with Canadian jurisprudence; and possible arguments for ascertaining the date of Crown sovereignty and the legal significance of continuity in proving Aboriginal claims.
Download or read book A New Direction written by Douglas R. Eyford and published by . This book was released on 2015 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Download or read book Aboriginal Law Since Delgamuukw written by Maria A. Morellato and published by Canada Law Book Limited. This book was released on 2009 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With the Supreme Court of Canada's 1997 seminal decision in Delgamuukw v. British Columbia, the complexity, nature and substance of Canadian jurisprudence on Aboriginal law continues to rapidly evolve. This text analyzes the major legal developments since Delgamuukw and provides practical guidance for those who work in this quickly changing legal landscape. Under the editorial direction of Maria Morellato, Q.C., leading practitioners and academics from across Canada provide insightful and authoritative comment in four critical areas: Foundational Legal Principles and Outstanding Issues: The Path Before Us ; Addressing Aboriginal and Métis Rights on the Ground: Legal and Pragmatic Considerations ; Aboriginal Governance: Legal Rights and Customary Law ; Treaty-Making and Specific Claims."--[Résumé de l'éditeur].
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Download or read book Advanced Introduction to Indigenous Human Rights written by Dinah L. Shelton and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this vital Advanced Introduction, Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyse frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.
Download or read book An Afro Indigenous History of the United States written by Kyle T. Mays and published by Beacon Press. This book was released on 2021-11-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first intersectional history of the Black and Native American struggle for freedom in our country that also reframes our understanding of who was Indigenous in early America Beginning with pre-Revolutionary America and moving into the movement for Black lives and contemporary Indigenous activism, Afro-Indigenous historian Kyle T. Mays argues that the foundations of the US are rooted in antiblackness and settler colonialism, and that these parallel oppressions continue into the present. He explores how Black and Indigenous peoples have always resisted and struggled for freedom, sometimes together, and sometimes apart. Whether to end African enslavement and Indigenous removal or eradicate capitalism and colonialism, Mays show how the fervor of Black and Indigenous peoples calls for justice have consistently sought to uproot white supremacy. Mays uses a wide-array of historical activists and pop culture icons, “sacred” texts, and foundational texts like the Declaration of Independence and Democracy in America. He covers the civil rights movement and freedom struggles of the 1960s and 1970s, and explores current debates around the use of Native American imagery and the cultural appropriation of Black culture. Mays compels us to rethink both our history as well as contemporary debates and to imagine the powerful possibilities of Afro-Indigenous solidarity. Includes an 8-page photo insert featuring Kwame Ture with Dennis Banks and Russell Means at the Wounded Knee Trials; Angela Davis walking with Oren Lyons after he leaves Wounded Knee, SD; former South African president Nelson Mandela with Clyde Bellecourt; and more.
Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.
Download or read book Aboriginal Rights Claims and the Making and Remaking of History written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2016-06-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.
Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008-01-01 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 Protecting Indigenous Knowledge and Heritage written by Marie Battiste and published by UBC Press. This book was released on 2000-04-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.
Download or read book Making Space for Indigenous Feminism 2nd Edition written by Joyce Green and published by Fernwood Publishing. This book was released on 2020-07-10T00:00:00Z with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of Making Space for Indigenous Feminism proposed that Indigenous feminism was a valid and indeed essential theoretical and activist position, and introduced a roster of important Indigenous feminist contributors. This new edition builds on the success and research of the first and provides updated and new chapters that cover a wide range of some of the most important issues facing Indigenous peoples today: violence against women, recovery of Indigenous self-determination, racism, misogyny and decolonization. Specifically, new chapters deal with Indigenous resurgence, feminism amongst the Sami and in Aboriginal Australia, neoliberal restructuring in Oaxaca, Canada’s settler racism and sexism, and missing and murdered Indigenous women and girls in Canada. Written by Indigenous feminists and allies, this book provides a powerful and original intellectual and political contribution demonstrating that feminism has much to offer Indigenous women, and all Indigenous peoples, in their struggles against oppression.
Download or read book Comparative Indigeneities of the Am ricas written by M. Bianet Castellanos and published by University of Arizona Press. This book was released on 2012-10-04 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effects of colonization on the Indigenous peoples of the Américas over the past 500 years have varied greatly. So too have the forms of resistance, resilience, and sovereignty. In the face of these differences, the contributors to this volume contend that understanding the commonalities in these Indigenous experiences will strengthen resistance to colonial forces still at play. This volume marks a critical moment in bringing together transnational and interdisciplinary scholarship to articulate new ways of pursuing critical Indigenous studies. Comparative Indigeneities of the Américas highlights intersecting themes such as indigenísmo, mestizaje, migration, displacement, autonomy, sovereignty, borders, spirituality, and healing that have historically shaped the experiences of Native peoples across the Américas. In doing so, it promotes a broader understanding of the relationships between Native communities in the United States and Canada and those in Latin America and the Caribbean and invites a hemispheric understanding of the relationships between Native and mestiza/o peoples. Through path-breaking approaches to transnational, multidisciplinary scholarship and theory, the chapters in this volume advance understandings of indigeneity in the Américas and lay a strong foundation for further research. This book will appeal to scholars and students in the fields of anthropology, literary and cultural studies, history, Native American and Indigenous studies, women and gender studies, Chicana/o studies, and critical ethnic studies. Ultimately, this deeply informative and empowering book demonstrates the various ways that Indigenous and mestiza/o peoples resist state and imperial attempts to erase, repress, circumscribe, and assimilate them.
Download or read book Seeing Red written by Mark Cronlund Anderson and published by Univ. of Manitoba Press. This book was released on 2011-09-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to examine the role of Canada’s newspapers in perpetuating the myth of Native inferiority. Seeing Red is a groundbreaking study of how Canadian English-language newspapers have portrayed Aboriginal peoples from 1869 to the present day. It assesses a wide range of publications on topics that include the sale of Rupert’s Land, the signing of Treaty 3, the North-West Rebellion and Louis Riel, the death of Pauline Johnson, the outing of Grey Owl, the discussions surrounding Bill C-31, the “Bended Elbow” standoff at Kenora, Ontario, and the Oka Crisis. The authors uncover overwhelming evidence that the colonial imaginary not only thrives, but dominates depictions of Aboriginal peoples in mainstream newspapers. The colonial constructs ingrained in the news media perpetuate an imagined Native inferiority that contributes significantly to the marginalization of Indigenous people in Canada. That such imagery persists to this day suggests strongly that our country lives in denial, failing to live up to its cultural mosaic boosterism.
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.
