Download or read book Gouvernance autochtone written by and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mais avant de se pencher sur la gouvernance des peuples autochtones, il faut souligner que si on s'efforce de s'inspirer de nombreux exemples et de tenir compte de la diversité, il est virtuellement impossible d'écrire sur la gouvernance des peuples autochtones à la lumière de l'histoire et des expériences de toutes les nations autochtones et de toutes les collectivités des Premières Nations. [...] Parmi les exemples de constitutions autochtones, notons la Loi de la Grande Paix de la tradition haudenosauneevii, les enseignements mi'kmaq des sept districts qui comprennent le grand conseil et les droits et devoirs des personnes, des familles, des clans et des dirigeants de chaque districtviii, ainsi que l'adaak et le kungax des nations Gitxan et Witsuwit'en, qui établissent les lois (droits et [...] À part les institutions de gouvernance elles-mêmes, les ordres constitutionnels et les façons de faire autochtones ne furent pas détruits, car les enseignements des ancêtres continuent d'instruire la vie politique de chacune des collectivités et d'influencer (voire de définir et de circonscrire) les politiques et le fonctionnement du système de conseils de bande issu de la Loi sur les Indiens dans [...] En vertu de l'article 81 de la Loi sur les Indiens, les conseils de bande peuvent adopter des règlements dans divers domaines d'intérêt pour les administrations locales (dont la circulation routière [limites de vitesse], la création de fourrières, la construction et l'entretien d'infrastructures locales comme les routes et les fossés, et la réglementation de l'apiculture)xxv. [...] Ce ministère peut exercer son influence de bien des façons, notamment par le contrôle de tous les fonds de la bande, les exigences ministérielles en matière d'administration et de reddition de comptes, le recours à la gestion par un tiers, le pouvoir d'annuler le résultat des élections, et donc de déclencher des élections ou de nommer de nouveaux conseils de bande (articles 74 à 79), sa capacité d.

Download or read book Table Des Mati res written by Ghislain Otis and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: This path-breaking book, with contributions in both languages, addresses various aspects of the relationship between Aboriginal self-determination and the federal form of organization and governance. The contributing authors are among the most renowned legal scholars and political scientists of Canada and the United States. Some of them ask whether federalism is ideologically and theoretically adequate for redefining the relationship between Aboriginal peoples and the State. Others look at the more operational dimensions of setting up and implementing federal governance, such as the challenges of negotiating intergovernmental agreements, the individual's role as a federal actor, or the tension between recognition of Aboriginal sovereignty and the existing division of powers and responsibilities between the federal government and the provinces. The book helps to understand not only federalism's potential for innovation but also its limitations as a principle for organizing the coexistence between Aboriginal peoples and Euro-descended society in North America.

Download or read book Gouvernance Au 21e Si cle written by David M. Hayne and published by University of Toronto Press. This book was released on 2000-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight papers call for an examination of the governance of organizations, whether one probes the crises in the experience of large corporations, in education, in health care, in science and technology systems, or in military affairs.

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 To Be Equals in Our Own Country written by Denyse Baillargeon and published by UBC Press. This book was released on 2019-03-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: “When the history of suffrage is written, the role played by our politicians will cut a sad figure beside that of the women they insulted.” Speaking in 1935, feminist Idola Saint-Jean captured the bitter nature of Quebec women’s prolonged fight for the right to vote. To Be Equals in Our Own Country is a passionate yet even-handed account of the road to suffrage in Quebec, examining women’s political participation since winning the vote in 1940 and comparing their struggle to movements in other countries. This astute exploration of enfranchisement rightly recognizes suffrage as a fundamental question of human rights.

Download or read book Recognition versus Self Determination written by Avigail Eisenberg and published by UBC Press. This book was released on 2014-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The chapters look at cultural recognition in the context of public policy about intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism. Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.

Download or read book Histoires de Kanatha Histories of Kanatha written by Georges Sioui and published by University of Ottawa Press. This book was released on 2009-02-04 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cette collection est le premier ouvrage par un autochtone canadien qui discute le concept d histoire des peuples autochtones et l experience coloniale. Tout au long de ces textes, ecrits dans plusieurs genres pendant vingt ans, Georges Sioui reprend les idees des Hurons-Wyandots au sujet de la place des Autochtones au Canada, dans l'histoire et le monde. -- This is the first collection written by an Aboriginal Canadian on the Aboriginal understanding of history and the colonial experience. These essays, stories, lectures, and poems, written over the last twenty years by Georges Sioui, present and explore the perspectives of the Huron-Wyandot people on the place of Aboriginal people in Canada, in the world, and in history."

Download or read book The Unbounded Level of the Mind written by Richard Janda and published by McGill-Queen's Press - MQUP. This book was released on 2015-05-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roderick A. Macdonald (1948-2014), internationally renowned for his expertise on access to justice, legal pluralism, and the philosophy of law, was first and foremost a teacher and mentor. He believed in the law as a promise our society makes to itself, and passionately imparted this message to students who went on to become lawyers, judges, and academics. Throughout his career, including participation in several government commissions and tenures as dean of law at McGill University and president of the Law Commission of Canada, he strove to promote ideas that have become woven into our contemporary understanding of unity, reconciliation, accommodation, and social justice. The Unbounded Level of the Mind brings together the fascinating essays developed from presentations made at a symposium, held in February 2014 at McGill’s Faculty of Law, in honour of Rod Macdonald. Eminent legal scholars from Canada and beyond explore various aspects of Macdonald’s rich scholarship, reflecting on the influence this has had on their own work and its implications for the future. Organized around six cross-cutting themes – kaleidoscopic federalism, producing fairness, pluralizing the subject, the priority of distributive justice, contextualizing governance, and pursuing virtue – this volume is both a tribute to Macdonald’s dedication to the law and a call to challenge all assumptions in the quest to better our society.

Download or read book Federalism and aboriginal governance written by Martin Papillon and published by Presses de L'Universite Laval. This book was released on 2013 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet important ouvrage bilingue explique et analyse divers aspects du rapport entre l'autodetermination des peuples autochtones et le federalisme comme procede d'organisation de la gouvernance. Les auteurs comptent parmi les juristes et les politologues les mieux etablis au Canada et aux Etats-Unis. Un premier groupe d'etudes s'interroge sur l'adequation ideologique et theorique du concept federal pour la redefi-nition de la relation entre les peuples autochtones et l'Etat. D'autres textes analysent les dimensions plus operationnelles de la mise en place et de l'application d'une gouvernance de type federal, tels les defis de la negociation d'ententes intergouvernementales, le role de l'individu comme acteur federal ou encore la tension entre la reconnaissance de la souverainete autochtone et le partage des competences et responsabilites entre le gouvernement federal et les provinces. Les textes reunis ici nous permettent de prendre la mesure du potentiel novateur mais aussi des limites du federalisme comme principe d'organisation de la coexistence entre les peuples autochtones et la societe euro-descendante dans le contexte nord-americain.

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Download or read book The Cosmopolitan State written by H Patrick Glenn and published by OUP Oxford. This book was released on 2013-05-23 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.

Download or read book The Secret Struggles of Kitigan Zibi Anishinabeg Leaders written by Anny Morissette and published by Rowman & Littlefield. This book was released on 2021-04-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Secret Struggles of Kitigan Zibi Anishinabeg Leaders, Anny Morissette examines Kitigan Zibi Anishinabeg actors’ political resistance to the Canadian government amidst threats to the tribe’s traditional political structures. Morissette traces the Anishinabeg political identity through the preservation of traditional, spiritual, and symbolic influences, which have endured despite colonial disruptions. Morissette highlights daily forms of resistance, Indigenous narratives, and tactics of political power from the margins, demonstrating how Anishinabeg actors continue to defy political oppression.

Download or read book The Future of Australian Federalism written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2012-03-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.

Download or read book Canada and the Crown written by D. Michael Jackson and published by McGill-Queen's Press - MQUP. This book was released on 2014-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Harper's Conservative government has reversed the trend of its predecessors by giving the Crown a higher profile through royal tours, publications, and symbolic initiatives. Based on papers given at a Diamond Jubilee conference on the Crown held in Regina in 2012, Canada and the Crown assesses the historical and contemporary importance of constitutional monarchy in Canada. Established and emerging scholars consider the Canadian Crown from a variety of viewpoints, including the ways in which the monarch relates to Quebec, First Nations, the media, education, Parliament, the constitution, and the military. They also consider a republican option for Canada. Editors D. Michael Jackson and Philippe Lagassé provide context for the essays, summarize and expand on the issues discussed by the contributors, and offer a perspective on further study of the Crown in Canada. Contributors include Richard Berthelsen, Lieutenant-Colonel Alexander Bolt (Office of the Judge Advocate General), James W.J. Bowden, Stephanie Danyluk (Whitecap-Dakota First Nation), Linda Cardinal (University of Ottawa), Phillip Crawley (CEO, The Globe and Mail), John Fraser (Massey College), Carolyn Harris (University of Toronto), Robert E. Hawkins (University of Regina), Ian Holloway (University of Calgary), Senator Serge Joyal, Nicholas A. MacDonald, Christopher McCreery (Office of Lieutenant Governor of Nova Scotia), J.R. (Jim) Miller (University of Saskatchewan), Peter H. Russell (University of Toronto), David E. Smith (Toronto Metropolitan University), and John D. Whyte (University of Regina).

Download or read book Multijuralism written by Albert Breton and published by Routledge. This book was released on 2017-11-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.

Download or read book Essays in the History of Canadian Law written by G. Blaine Baker and published by University of Toronto Press. This book was released on 1981-01-01 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Download or read book Keeping Promises written by Terry Fenge and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1763 King George III of Great Britain, victorious in the Seven Years War with France, issued a proclamation to organize the governance of territory newly acquired by the Crown in North America and the Caribbean. The proclamation reserved land west of the Appalachian Mountains for Indians, and required the Crown to purchase Indian land through treaties, negotiated without coercion and in public, before issuing rights to newcomers to use and settle on the land. Marking its 250th anniversary Keeping Promises shows how central the application of the Proclamation is to the many treaties that followed it and the settlement and development of Canada. Promises have been made to Aboriginal peoples in historic treaties from the late eighteenth to the early twentieth centuries in Ontario, the Prairies, and the Mackenzie Valley, and in modern treaties from the 1970s onward, primarily in the North. In this collection, essays by historians, lawyers, treaty negotiators, and Aboriginal leaders explore how and how well these treaties are executed. Addresses by the governor general of Canada and the federal minister of Aboriginal Affairs and Northern Development are also included. In 2003 Aboriginal leaders formed the Land Claims Agreements Coalition to make sure that treaties – building blocks of Canada – are fully implemented. Unique in breadth and scope, Keeping Promises is a testament to the research, advocacy, solidarity, and accomplishments of this coalition and those holding the Crown to its commitments.