Download or read book Native Liberty Crown Sovereignty written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1990-10-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
Download or read book Native Liberty Crown Sovereignty written by Bruce A. Clark and published by McGill-Queen's Press - MQUP. This book was released on 1990 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirteen essays explore some 500 years of literacy campaigns in vastly different societies: Reformation Germany, early modern Sweden and Scotland, 19th century US, 19th-20th century Russia and the Soviet Union, pre-revolutionary and revolutionary China, and a variety of Third World countries. The 1763 Royal Proclamation forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark, a lawyer specializing in aboriginal rights, contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives. He also explores the difficulties of aboriginal self-government in the constitution and offers some advice to government and aboriginal negotiators. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Native Liberty written by Gerald Vizenor and published by University of Nebraska Press. This book was released on 2009-11 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Vizenor was a journalist for the Minneapolis Tribune when he discovered that his direct ancestors were the editor and publisher of The Progress, the first Native newspaper on the White Earth Reservation in Minnesota. Vizenor, inspired by the kinship of nineteenth century Native journalists, has pursued a similar sense of resistance in his reportage, editorial essays, and literary art. Vizenor reveals in Native Liberty the political, poetic, visionary, and ironic insights of personal identity and narratives of cultural sovereignty. He examines singular acts of resistance, natural reason, literary practices, and other strategies of survivance that evade and subvert the terminal notions of tragedy and victimry. Native Liberty nurtures survivance and creates a sense of cultural and historical presence. Vizenor, a renowned Anishinaabe literary scholar and artist, writes in a direct narrative style that integrates personal experiences with original presentations, comparative interpretations, and critiques of legal issues and historical situations.
Download or read book Justice in Paradise written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1999-10-19 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A jurisprudential adventure story, Justice in Paradise recounts how a commitment to Native rights and an extraordinary passion for the rule of law have determined the course of Clark's life. From a childhood in an Indian residential school, to the defense of aboriginal rights before the World Court, to being disbarred, Bruce Clark's struggle has led him to a fight against the justice system itself. Justice in Paradise explains the legal and philosophical position behind Clark's opposition to the Indian rights industry. He argues that the North American legal system causes the genocide of those indigenous peoples who embrace traditional religion and identity and accuses those who administer it with chicanery and abandoning the rule of law. Smeared in the media for his beliefs and attacked from the bench - he has been called "a disgrace to the bar" by the Chief Justice of Canada's Supreme Court - his book Native Liberty, Crown Sovereignty has been hailed as "the most important and meticulous recent study of native rights in common law" (Canadian Journal of Political Science). Clark turned his back on a comfortable lawyer's life to defend the rule of law and Native rights. He moved with his family to Indian reservations and then to squats while he argued his case before the World Court in Europe. Now, no longer able to practice law, he has been adopted by the Mohicans and together they are fighting for Liberty Island and the Hudson River drainage basin. In his extraordinary memoir, Justice in Paradise, Bruce Clark - hero to some, extremist to others - details the battles of a renegade's life.
Download or read book Native American Sovereignty written by John R. Wunder and published by Routledge. This book was released on 2004-11-23 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays included in this collection help define Native American sovereignty in today's world. They draw upon past legal experiences and project into the future. The collection begins with a brief definition of sovereignty, followed by a consideration of the most important documents that show the relationships between Native American nations and the U.S. government. They continue with a study of how treaties were handled by Congress and the current and future implication of the treaty relationships. The selection concludes with a look at the issue of federal plenary power in terms of treaties and the evolution of American case law.
Download or read book Contemporary Native American Political Issues written by Troy Johnson and published by Rowman Altamira. This book was released on 2000-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does one make a clear distinction between issues such as tribal sovereignty, indigenous rights, and law and justice? How do these topics differ, and can they be separated from, issues such as identity, health, and environment? The answer, of course, lies in the interconnectedness of all aspects of Native American life, culture, religion, and politics. This format encourages the consideration of Native politics both in terms of unifying themes and contexts and with regard to local situations, needs, and struggles.
Download or read book Backcountry Crucibles written by Jean R. Soderlund and published by Associated University Presse. This book was released on 2008 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: American historians have emphasized major cities as cultural and economic centers. This volume explores the vitality of cultural, economic, and political life beyond those cities. The Lehigh Valley is a place where integral events occurred, but is also an example of regional growth outside large cities. Its unique location, close enough to New York and Philadelphia to market grain, iron, coal, and steel, yet distant enough to develop its own cultural life, offers a regional model persisting for more than two centuries heretofore unexplored in American historical scholarship. This persistence of cultural and economic patterns, including the capacity to change, makes Lehigh Valley history particularly intriguing.
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 Struggle for the Land written by Ward Churchill and published by City Lights Books. This book was released on 2002-09 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark work illustrates the history of North American indigenous resistance and the struggle for land rights.
Download or read book Indigenous Rights written by Anthony J. Connolly and published by Routledge. This book was released on 2017-05-15 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.
Download or read book Treaty Talks in British Columbia written by Christopher McKee and published by UBC Press. This book was released on 2009-09-02 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with PeterColenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives andtreaty negotiations. Succinct and informative, this book brings clarity to a complex and often contentious issue.
Download or read book Treaty Talks in British Columbia Third Edition written by Christopher McKee and published by UBC Press. This book was released on 2009-09-02 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province. Since the second edition of this book was published in 2000, a number of significant developments have occurred: a controversial referendum on treaty mandates was held; the historic Tsawwassen treaty, the first to be signed in the BC treaty process, finally came into effect; and a second treaty was signed with the five Maa-nulth First Nations on the west coast of Vancouver Island. A striking theme running through the narrative is the way in which the provincial government changed the way it approached the negotiations and its relations with First Nations. This updated edition includes a postscript, co-authored with Peter Colenbrander, which provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Treaty Talks in British Columbia is a valuable resource for those interested in Aboriginal issues and the treaty process both in BC and throughout Canada. Succinct, informative, and easy to read, this book brings clarity to a complex and often contentious issue.
Download or read book White Man s Law written by Sidney L. Harring and published by University of Toronto Press. This book was released on 1998-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.
Download or read book The Future of Tradition written by Leon Shaskolsky Sheleff and published by Routledge. This book was released on 2013-09-05 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
Download or read book Ongoing Genocide Caused by Judicial Suppression of the Existing Aboriginal Rights written by Bruce Clark and published by Createspace Independent Publishing Platform. This book was released on 2018-08-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudentially, there are two values that compete for paramountcy in judicial decision-making: to serve truth or, alternatively, fairness. In the aboriginal context, the Canadian judges seem to be trying to be fair to the vast majority of people and the building of their nation, at the expense of the constitutional truth. This is apparent when you consider the Supreme Court of Canada's interpretation of section 35(1) of the Constitution Act, 1982 in the leading 2014 case, Tsilhqot'in. Section 35(1) says: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The Court interpreted section 35(1) to mean the judges have to balance the national interest against the aboriginal interest. In the result, the judges overrode the "existing" aboriginal rights that section 35(1) expressly and explicitly placed beyond the reach of the courts to repeal. Yet section 35(1) says nothing about such a judicial discretion to repeal the saved "existing" aboriginal rights. The judges simply invented, out of thin air, a power of repeal of those aboriginal rights constitutionally placed beyond the jurisdiction of judicial repeal. That is the struggle behind the struggle. The structural integrity of the rule of law and the status of the constitutional democracy have been destroyed by the tension between the law as it is written, and the new "law" as the judges recently invent it. That is what this book is about. That is the seemingly unsolvable problem: how to rescue the truth from feelings of fairness. The solution to that problem is independent and impartial adjudication, which is missing from native and newcomer litigation. It must be brought into existence lest bias rule instead of the law. Sergeant Dennis Ryan of the Royal Canadian Mounted Police representing the Gustafsen Lake Crisis Management Team in September 1995 stated: "Kill this Clark, smear the prick and everyone with him." Why? "The very foundations that Canadian society is built upon are threatened here," is the answer he gave in an interview. The history of those "very foundations," and the true nature of what "is threatened here," is the subject of Ongoing Genocide. Clark was described by one of his clients, the Secwepemc traditionalist elder Wolverine, as "the most dangerous lawyer in Canada." This opinion was shared by the RCMP, the provincial and federal governments, the bench, bar and Chief Justice of Canada and even the National Chief of the Assembly of First Nations. The ten essays in Ongoing Genocide caused by Judicial Suppression of the "Existing" Aboriginal Rights deal with aspects of the "genocide"-within the meaning of section 2(b) of the United Nations' genocide convention-of Indigenous peoples in Canada. That section indicts the imposition of "serious bodily or mental harm" against groups, such as that evidenced by the high rates of suicides of Indians in reaction to the courts' injustices, committed for political reasons contrary to the rule of law. The appendix-entitled "Judicial Culpability for War and Genocide in the Age of American Empire"-deals with the failure of the North American Judiciary to enforce the constitutional provisions prohibiting international war except in self defense to an attack. The lessons learned and practiced on the Natives of North America are exported to the global village, a surrogate Indian country, and the judges do nothing to prevent this pursuant to the rule of law, which it is their constitutional duty to uphold. The cause of the genocidal suppression of existing constitutional law is the criminal politicization of the judiciary. Pointing this out to the courts led to the conviction of the author for criminal contempt of court and disbarment for "conduct unbecoming" a barrister and solicitor. Since then the judicial ignoring of existing constitutional law, for political reasons, has become further entrenched.
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."
