Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Download or read book Litigating Aboriginal Law written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Key Developments in Aboriginal Law 2019 written by Thomas Isaac and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Aboriginal Culture written by Joseph Eliot Magnet and published by . This book was released on 2005 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From Wardship to Rights written by Jim Reynolds and published by UBC Press. This book was released on 2020-05-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.
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.
Download or read book Aboriginal Ownership and Management of Resources in Canada written by Canadian Bar Association and published by . This book was released on 2003 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Peoples and the Law written by James I. Reynolds and published by Purich Publishing. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reparation, 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, treaties, fiduciary duties, the honour of the Crown, Aboriginal rights and title, the duty to consult, and Indigenous laws. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society."--Provided by publisher.
Download or read book Litigating Aboriginal Claims written by Pacific Business & Law Institute and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigenous Law and the State written by Bradford Wilmot Morse and published by Dordrecht, Holland : Foris Publications. This book was released on 1988 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers about relationship of Aboriginal traditional law to Australian legal system; chapters by R. Tonkinson, D. Bell, B. Sansom, R. Chisholm, B.W. Morse, R. Riley, J. Crawford, P. Hennessy and M. Fisher annotated separately.
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 Litigation written by Wilfrid R. Prest and published by UNSW Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.
Download or read book Recognizing Aboriginal Title written by Peter H. Russell and published by University of Toronto Press. This book was released on 2005-12-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.
Download or read book Aboriginal Law written by Blackhawk, Julie and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Aboriginal Rights Litigation written by Joseph Eliot Magnet and published by Markham, Ont. : LexisNexis Butterworths. This book was released on 2003-01 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt:
