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 Archive Stories written by Antoinette Burton and published by Duke University Press. This book was released on 2006-01-25 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the importance of archives to the profession of history, there is very little written about actual encounters with them—about the effect that the researcher’s race, gender, or class may have on her experience within them or about the impact that archival surveillance, architecture, or bureaucracy might have on the histories that are ultimately written. This provocative collection initiates a vital conversation about how archives around the world are constructed, policed, manipulated, and experienced. It challenges the claims to objectivity associated with the traditional archive by telling stories that illuminate its power to shape the narratives that are “found” there. Archive Stories brings together ethnographies of the archival world, most of which are written by historians. Some contributors recount their own experiences. One offers a moving reflection on how the relative wealth and prestige of Western researchers can gain them entry to collections such as Uzbekistan’s newly formed Central State Archive, which severely limits the access of Uzbek researchers. Others explore the genealogies of specific archives, from one of the most influential archival institutions in the modern West, the Archives nationales in Paris, to the significant archives of the Bakunin family in Russia, which were saved largely through the efforts of one family member. Still others explore the impact of current events on the analysis of particular archives. A contributor tells of researching the 1976 Soweto riots in the politically charged atmosphere of the early 1990s, just as apartheid in South Africa was coming to an end. A number of the essays question what counts as an archive—and what counts as history—as they consider oral histories, cyberspace, fiction, and plans for streets and buildings that were never built, for histories that never materialized. Contributors. Tony Ballantyne, Marilyn Booth, Antoinette Burton, Ann Curthoys, Peter Fritzsche, Durba Ghosh, Laura Mayhall, Jennifer S. Milligan, Kathryn J. Oberdeck, Adele Perry, Helena Pohlandt-McCormick, John Randolph, Craig Robertson, Horacio N. Roque Ramírez, Jeff Sahadeo, Reneé Sentilles

Download or read book Partners in Confederation written by Canada. Royal Commission on Aboriginal Peoples and published by Canadian Government Publishing. This book was released on 1993 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional keywords: Indigenous peoples, First Nations, treaties, aboriginal rights.

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 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 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 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 Delgamuukw written by Canada. Supreme Court and published by Greystone Books. This book was released on 1998-01-01 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2002-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 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 The Constitution Act 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Delgamuukw and the People Without Culture microform Anthropology and the Crown written by Dara Culhane and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1994 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 2001-12-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.

Download or read book Aboriginal Slavery on the Northwest Coast of North America written by Leland Donald and published by Univ of California Press. This book was released on 2023-09-01 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: With his investigation of slavery on the Northwest Coast of North America, Leland Donald makes a significant contribution to our understanding of the aboriginal cultures of this area. He shows that Northwest Coast servitude, relatively neglected by researchers in the past, fits an appropriate cross-cultural definition of slavery. Arguing that slaves and slavery were central to these hunting-fishing-gathering societies, he points out how important slaves were to the Northwest Coast economies for their labor and for their value as major items of exchange. Slavery also played a major role in more famous and frequently analyzed Northwest Coast cultural forms such as the potlatch and the spectacular art style and ritual systems of elite groups. The book includes detailed chapters on who owned slaves and the relations between masters and slaves; how slaves were procured; transactions in slaves; the nature, use, and value of slave labor; and the role of slaves in rituals. In addition to analyzing all the available data, ethnographic and historic, on slavery in traditional Northwest Coast cultures, Donald compares the status of Northwest Coast slaves with that of war captives in other parts of traditional Native North America.