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 Aboriginal Title in British Columbia written by Institute for Research on Public Policy and published by IRPP. This book was released on 1992 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays covers a significant judgment in the history of British Columbia and land claims and aboriginal rights and title for the Gitksan and Wet'suwet'en Indians.
Download or read book Aboriginal Peoples and Politics written by Paul Tennant and published by UBC Press. This book was released on 2011-11-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal claims remain a controversial but little understood issue in contemporary Canada. British Columbia has been, and remains, the setting for the most intense and persistent demands by Native people, and also for the strongest and most consistent opposition to Native claims by governments and the non-aboriginal public. Land has been the essential question; the Indians have claimed continuing ownership while the province has steadfastly denied the possibility.
Download or read book Aboriginal and Treaty Rights in Canada written by Michael Asch and published by UBC Press. This book was released on 2011-11-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.
Download or read book Making Native Space written by Cole Harris and published by UBC Press. This book was released on 2011-11-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.
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 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 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 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 Aboriginal Peoples and Forest Lands in Canada written by D.B. Tindall and published by UBC Press. This book was released on 2013-02-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. There have been significant gains in the quest for Aboriginal self-determination over the past few decades, including the historic signing of the Nisga’a Treaty in 1998. Aboriginal participation in resource management is on the rise in both British Columbia and other Canadian provinces, with some Aboriginal communities starting their own forestry companies. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginal and non-Aboriginal scholars to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of considering traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and native communities.
Download or read book ESSENTIALS OF CANADIAN ABORIGINAL LAW written by KERRY. WILKINS 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 Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
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 Compact Contract Covenant written by James Rodger Miller and published by University of Toronto Press. This book was released on 2009-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compact, Contract, Covenant" is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treating-making.
Download or read book The Kids Book of Aboriginal Peoples in Canada written by Diane Silvey and published by Kids Can Press Ltd. This book was released on with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title in the acclaimed Kids Book of series offers an in-depth look at the cultures, struggles and triumphs of Canada’s first peoples.
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.
