Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by Purich Publishing. This book was released on 2001-04-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Download or read book Reparations for Indigenous Peoples written by Federico Lenzerini and published by Oxford University Press. This book was released on 2008-01-24 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

Download or read book Solemn Words and Foundational Documents written by Jean-Pierre Morin and published by University of Toronto Press. This book was released on 2018-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

Download or read book Indian Treaties in the United States written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2018-05-03 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887.

Download or read book Treaties with American Indians 3 volumes written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2007-12-12 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.

Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

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 The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Download or read book Race Racialization and Antiracism in Canada and Beyond written by Genevieve Fuji Johnson and published by University of Toronto Press. This book was released on 2007-06-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume brings together scholars and activists to examine expressions of racism in contemporary policy areas, including education, labour, immigration, media, and urban planning. While anti-racist struggles during the twentieth century were largely pitched against overt forms of racism (e.g., pogroms, genocide, segregation, apartheid, and 'ethnic cleansing'), it has become increasingly apparent that there are other, less visible, forms of racism. These subtler incarnations are of special interest to the contributors. The intent of Race, Racialization, and Antiracism in Canada and Beyond is to probe systemic forms of racism, as well as to suggest strategies for addressing them. The collection is organized by themes pertinent to political and social expressions of racism in Canada and the wider world, such as the state and its mediation of race, education and the perpetuation of racist marginalization, and the role of the media. The contributors argue that, in order to effectively combat racism, various methodological approaches are required, approaches that are reflective of the diversity of the world we seek to understand.

Download or read book Aboriginal Law Fourth Edition written by Thomas Isaac and published by UBC Press. This book was released on 2012-08-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

Download or read book The Spaces In Between written by Tim Schouls and published by University of Toronto Press. This book was released on 2023-11-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-fought political negotiations, and sometimes through simple declarations of intent, Indigenous nations have repeatedly compelled the Canadian state to roll back its jurisdiction over them. In doing so, they have enhanced their prospects for political sovereignty within Canada. As such, they now increasingly occupy what Schouls refers to metaphorically as “the spaces in between.” The book asserts that occupation of these jurisdictional “spaces in between” not only goes some distance in meeting the requirements of Indigenous rights but also contributes to Indigenous community autonomy and well-being, enhancing prospects for reconciliation between Indigenous peoples and the Canadian state.

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 Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Download or read book Introduction to Indigenous Literary Criticism in Canada written by Heather Macfarlane and published by Broadview Press. This book was released on 2015-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Indigenous Literary Criticism in Canada collects 26 seminal critical essays indispensable to our understanding of the rapidly growing field of Indigenous literatures. The texts gathered in this collection, selected after extensive consultation with experts in the field, trace the development of Indigenous literatures while highlighting major trends and themes, including appropriation, stereotyping, language, land, spirituality, orality, colonialism, residential schools, reconciliation, gender, resistance, and ethical scholarship.

Download or read book From Treaties to Reserves written by D.J. Hall and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.

Download or read book Fractured Homeland written by Bonita Lawrence and published by UBC Press. This book was released on 2012 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the Algonquins of Pikwakanagan, the only federally recognized Algonquin reserve in Ontario, launched a comprehensive land claim. The claim drew attention to the reality that two-thirds of Algonquins in Canada have never been recognized as Indian, and have therefore had to struggle to reassert jurisdiction over their traditional lands. Fractured Homeland is Bonita Lawrence's stirring account of the Algonquins' twenty-year struggle for identity and nationhood despite the imposition of a provincial boundary that divided them across two provinces, and the Indian Act, which denied federal recognition to two-thirds of Algonquins. Drawing on interviews with Algonquins across the Ottawa River watershed, Lawrence voices the concerns of federally unrecognized Algonquins in Ontario, whose ancestors survived land theft and the denial of their rights as Algonquins, and whose family histories are reflected in the land. The land claim not only forced many of these people to struggle with questions of identity, it also heightened divisions as those who launched the claim failed to develop a more inclusive vision of Algonquinness. This path-breaking exploration of how a comprehensive claims process can fracture the search for nationhood among First Nations also reveals how federally unrecognized Algonquin managed to hold onto a distinct sense of identity, despite centuries of disruption by settlers and the state.