Download or read book ANNOTATED ABORIGINAL LAW written by SHIN. IMAI and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Canadian Native Law Cases with Comprehensive Subject Index written by David Knoll and published by . This book was released on 1985 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Canadian Justice Indigenous Injustice written by Kent Roach and published by McGill-Queen's Press - MQUP. This book was released on 2019-01-21 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.
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 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 Canada s Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--Pub. desc.
Download or read book Telling it to the Judge written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2011-10-17 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.
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 M tis Rights written by Thomas Isaac and published by Native Law Centre University of Saskatchewan. This book was released on 2008 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canadian Native Law Cases written by Brian Slattery and published by University of Alberta Press. This book was released on 1980 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive collection of reported Canadian court decisions, including selected unreported cases, dealing with Indian, Inuit and Metis affairs.
Download or read book Hunger Horses and Government Men written by Shelley A.M. Gavigan and published by UBC Press. This book was released on 2012-10-24 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars often accept without question that the Indian Act (1876) criminalized First Nations. In this illuminating book, Shelley Gavigan argues that the notion of criminalization captures neither the complexities of Aboriginal participation in the criminal courts nor the significance of the Indian Act as a form of law. Gavigan draws on court files, police and penitentiary records, and newspaper accounts and insights from critical criminology to interrogate state formation and criminal law in the Saskatchewan region of the North-West Territories between 1870 and 1905. By focusing on Aboriginal people’s participation in the courts rather than on narrow categories such as “the state” and “the accused,” Gavigan allows Aboriginal defendants, witnesses, and informants to emerge in vivid detail and tell the story in their own terms. Their experiences stand as evidence that the criminal law and the Indian Act operated in complex and contradictory ways that included both the mediation and the enforcement of relations of inequality.
Download or read book Canadian Native Law Cases 1763 1869 written by Brian Slattery and published by Saskatoon : University of Saskatchewan, Native Law Centre. This book was released on 1980 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive collection of reported Canadian court decisions, including selected unreported cases, dealing with Indian, Inuit and Metis affairs.
Download or read book Dominion Law Reports written by and published by . This book was released on 1915 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
