Download or read book Reconciling Sovereignties written by Felix Hoehn and published by Native Law Centre University of Saskatchewan. This book was released on 2012-01-01 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reconciling pre-existing Aboriginal sovereignty with de facto Crown sovereignty will not threaten the territory of Canada, nor will it result in a legal vacuum. Rather, it will facilitate the self-determination of Aboriginal peoples within Canada and strengthen Canada's claim to territorial integrity in the eyes of international law.
Download or read book Reconciling Sovereignties Aboriginal Nations and Canada written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Reconciliation without Recollection written by Joshua Ben David Nichols and published by University of Toronto Press. This book was released on 2019-11-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection? is an ambitious and timely intervention into one of the most pressing concerns in Canada.
Download or read book Nation to Nation written by Diane Engelstad and published by Concord, Ont. : Anansi. This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of thirty essays constitutes a dialogue of native and non-native authors on such issues as sovereignty, assimilation, specific claims polciy, land stewardship, justice for First Nations, the residential school experience and the rebuilding of communities, women and sovereignty, and the Oka experience.
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 From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by OUP Oxford. This book was released on 2012-01-05 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Download or read book On Being Here to Stay written by Michael Asch and published by University of Toronto Press. This book was released on 2014-02-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.
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 326 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 Aboriginal Rights and Self Government written by Curtis Cook and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays address problems of constructing new political arrangements, practical questions about the viability of multiple governments within one political system, and epistemological questions about recognizing and understanding the "other.""--BOOK JACKET.
Download or read book Nation to Nation written by Diane Engelstad and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Australian Politics written by Jenny M. Lewis and published by Oxford University Press. This book was released on 2021-10-20 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Australian Politics is a comprehensive collection that considers Australia's distinctive politics— both ancient and modern— at all levels and across many themes. It examines the factors that make Australian politics unique and interesting, while firmly placing these in the context of the nation's Indigenous and imported heritage and global engagement. The book presents an account of Australian politics that recognizes and celebrates its inherent diversity by taking a thematic approach in six parts. The first theme addresses Australia's unique inheritances, examining the development of its political culture in relation to the arrival of British colonists and their conflicts with First Nations peoples, as well as the resulting geopolitics. The second theme, improvization, focuses on Australia's political institutions and how they have evolved. Place-making is then considered to assess how geography, distance, Indigenous presence, and migration shape Australian politics. Recurrent dilemmas centres on a range of complex, political problems and their influence on contemporary political practice. Politics, policy, and public administration covers how Australia has been a world leader in some respects, and a laggard in others, when dealing with important policy challenges. The final theme, studying Australian politics, introduces some key areas in the study of Australian politics and identifies the strengths and shortcomings of the discipline. The Oxford Handbook of Australian Politics is an opportunity for others to consider the nation's unique politics from the perspective of leading and emerging scholars, and to gain a strong sense of its imperfections, its enduring challenges, and its strengths.
Download or read book Reconciling the Constitutional Order written by Ian laird Peach and published by . This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the recognition of continuing Indigenous sovereignty by the Supreme Court of Canada and the requirement that that sovereignty and de facto Crown sovereignty be reconciled within a shared constitutional order, Canada needs a new approach to negotiating the exercise of Indigenous sovereignty. Any new approach must be built around a coherent understanding of the Constitution as a whole, most importantly the constitutional principle of reconciliation and the other unwritten principles articulated by the Supreme Court of Canada in the Reference re. Secession of Quebec. The four unwritten principles which the Supreme Court of Canada identified in the Quebec Secession Reference do not represent a barrier to the exercise of Indigenous sovereignty, if interpreted in light of the reconciliation principle. Indeed, the principles of federalism and the protection of minorities support the protection of distinct Indigenous political and legal institutions. Because they are exercising a continuing sovereignty, rather than an aboriginal right as that term is currently understood under section 35, Indigenous peoples also need not return to traditional forms of governance in their entirety in a modern self-government regime; they may also adopt more or less of the Euro-Canadian forms with which they have become familiar as citizens of Canada, such that modern Indigenous institutions could be quite consistent with mainstream understandings of the four unwritten principles of the Constitutions. As with other institutions of governance, Indigenous peoples have long traditions of dispute resolution that they could draw upon in the context of the modern exercise of their sovereignty. Nor do Indigenous peoples need to return to these traditional methods in their entirety, either; again, they could adopt elements of Euro-Canadian legal traditions. There are numerous precedents around the world for Indigenous legal institutions that combine elements of Indigenous customs of dispute resolution and common-law judicial structures. What is important is that Indigenous peoples have the right to design their own institutions for the interpretation, as well as the creation, of law and the resolution of disputes if they are to exercise their sovereignty within the Canadian constitutional and political system as a third order of government.
Download or read book We Are All Here to Stay written by Dominic O’Sullivan and published by ANU Press. This book was released on 2020-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.
Download or read book Indigenous Difference and the Constitution of Canada written by Patrick Macklem and published by University of Toronto Press. This book was released on 2001-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Download or read book The nations Within written by Augie Fleras and published by Don Mills, Ont. : Oxford University Press. This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the history and current state of aboriginal politics in Canada drawing comparisons with New Zealand and the United States. By exploring similar terrains of the evolving relationship of the peoples with the state, common patterns are revealed. The work includes analysis of the impact of social structures and societal constraints as they define the parameters and restrict the options of the participants in the scripting of this political drama.
Download or read book A Reconciliation Without Recollection written by Joshua Nichols and published by . This book was released on 2020 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
