Download or read book Eagle Down Is Our Law written by Antonia Mills and published by UBC Press. This book was released on 2011-11-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eagle Down Is Our Law is about the struggle of the Witsuwit'en peoples to establish the meaning of aboriginal rights. With the neighbouring Gitksan, the Witsuwit'en launched a major land claims court case asking for the ownership and jurisdiction of 55,000 square kilometers of land in north-central British Columbia that they claim to have held since before the arrival of the Europeans. In conjunction with that court case, the Gitksan and Witsuwit'en asked a number of expert witnesses, among them Antonia Mills, an anthropologist, to prepare reports on their behalf. Her report, which instructs the judge in the case on the laws, feasts, and institutions of the Witsuwit'en, is presented here. Her testimony is based on two years of participant observation with the Witsuwit'en peoples and on her reading of the anthropological, historic, archaeological, and linguistic data about the Witsuwit'en.

Download or read book Archive Stories written by Antoinette Burton and published by Duke University Press. This book was released on 2006-01-25 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the importance of archives to the profession of history, there is very little written about actual encounters with them—about the effect that the researcher’s race, gender, or class may have on her experience within them or about the impact that archival surveillance, architecture, or bureaucracy might have on the histories that are ultimately written. This provocative collection initiates a vital conversation about how archives around the world are constructed, policed, manipulated, and experienced. It challenges the claims to objectivity associated with the traditional archive by telling stories that illuminate its power to shape the narratives that are “found” there. Archive Stories brings together ethnographies of the archival world, most of which are written by historians. Some contributors recount their own experiences. One offers a moving reflection on how the relative wealth and prestige of Western researchers can gain them entry to collections such as Uzbekistan’s newly formed Central State Archive, which severely limits the access of Uzbek researchers. Others explore the genealogies of specific archives, from one of the most influential archival institutions in the modern West, the Archives nationales in Paris, to the significant archives of the Bakunin family in Russia, which were saved largely through the efforts of one family member. Still others explore the impact of current events on the analysis of particular archives. A contributor tells of researching the 1976 Soweto riots in the politically charged atmosphere of the early 1990s, just as apartheid in South Africa was coming to an end. A number of the essays question what counts as an archive—and what counts as history—as they consider oral histories, cyberspace, fiction, and plans for streets and buildings that were never built, for histories that never materialized. Contributors. Tony Ballantyne, Marilyn Booth, Antoinette Burton, Ann Curthoys, Peter Fritzsche, Durba Ghosh, Laura Mayhall, Jennifer S. Milligan, Kathryn J. Oberdeck, Adele Perry, Helena Pohlandt-McCormick, John Randolph, Craig Robertson, Horacio N. Roque Ramírez, Jeff Sahadeo, Reneé Sentilles

Download or read book Partners in Confederation written by Canada. Royal Commission on Aboriginal Peoples and published by Canadian Government Publishing. This book was released on 1993 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional keywords: Indigenous peoples, First Nations, treaties, aboriginal rights.

Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

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 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 Beyond the Nass Valley written by Owen Lippert and published by The Fraser Institute. This book was released on 2000 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: On December 11th 1997, then Chief Justice Antonio Lamer of the Supreme Court of Canada radically rewrote how the law requires the resolution of Aboriginal land claims. His decision in the long-running case, Delgamuukw vs. British Columbia, expanded the substance of Aboriginal title and created new ways to determine its presence, including oral testimony. Though the case originated in British Columbia, it has the potential to influence all regions of Canada. In July 1998 and April 1999, the Fraser Institute held conferences to explore the national implications of the decisions. Thirty top law professors, economists, and researchers contributed papers now brought together in this volume, bringing together the Native and non-Native perspectives on the topic.

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.

Download or read book Delgamuukw written by Canada. Supreme Court and published by Greystone Books. This book was released on 1998-01-01 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Common Law Aboriginal Title written by Kent McNeil and published by Oxford [England] : Clarendon Press. This book was released on 1989 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines effects of colonisation on title to land in territories settled by the English; outlines possession and title to land in English law, the Crowns title to land in England; describes methods of acquisition of territorial sovereignty; discusses common law Aboriginal title (native title) and its application in United States , Canada and Australia; mentions Milirrpum v. Nabalco Pty Ltd.

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:

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 The Duty to Consult written by Dwight G. Newman and published by UBC Press. This book was released on 2009-10-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.

Download or read book Delgamuukw and the People Without Culture microform Anthropology and the Crown written by Dara Culhane and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1994 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Klee Wyck written by Emily Carr and published by D & M Publishers. This book was released on 2009-12-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Douglas & McIntyre is proud to announce definitive, completely redesigned editions of Emily Carr’s seven enduring classic books. These are beautifully crafted keepsake editions of the literary world of Emily Carr, each with an introduction by a distinguished Canadian writer or authority on Emily Carr and her work. Emily Carr’s first book, published in 1941, was titled Klee Wyck ("Laughing One"), in honour of the name that the Native people of the west coast gave to her. This collection of twenty-one word sketches about Native people describes her visits and travels as she painted their totem poles and villages. Vital and direct, aware and poignant, it is as well regarded today as when it was first published in 1941 to instant and wide acclaim, winning the Governor General’s Award for Non-fiction. In print ever since, it has been read and loved by several generations of Canadians, and has also been translated into French and Japanese. Kathryn Bridge, who, as an archivist, has long been well acquainted with the work of Emily Carr, has written an absorbing introduction that places Klee Wyck and Emily Carr in historical and literary context and provides interesting new information.

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 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.