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Aboriginal Peoples and Government Responsibility by David Hawkes Pdf
An examination of federal and provincial government responsibilities with respect to native peoples, these essays deal with the most appalling "political football" in Canadian politics. Specially commissioned experts in the field write on topics such as fiscal, legal and constitutional issues, and examine the circumstances of specific native groups in Canada.
Author : J. Timothy S. McCabe Publisher : Unknown Page : 299 pages File Size : 52,6 Mb Release : 2008 Category : Indians of North America ISBN : 0433446145
The Honour of the Crown and Its Fiduciary Duties to Aboriginal Peoples by J. Timothy S. McCabe Pdf
The Honour of the Crown and its Fiduciary Duties to Aboriginal Peoples is the first and only book to comprehensively present these central doctrines of Aboriginal law. It seeks to systematically order and organize the law as it has been articulated by the Supreme Court and further shaped by other courts, thereby clarifying the interrelations characteristic of the doctrines and providing a sure grasp of their origins, scope and practical effects."--pub. desc.
Author : Truth and Reconciliation Commission of Canada Publisher : Unknown Page : 30 pages File Size : 41,7 Mb Release : 2012 Category : Indians of North America ISBN : 1100199942
Truth and Reconciliation Commission of Canada by Truth and Reconciliation Commission of Canada Pdf
This interim report covers the activities of the Truth and Reconciliation Commission of Canada since the appointment of the current three Commissioners on July 1, 2009. The report summarizes: the activities of the Commissioners, the messages presented to the Commission at hearings and National Events, the activities of the Commission with relation to its mandate, the Commission's interim findings, the Commission's recommendations.
"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. 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. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. 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; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.
Canada: The State of the Federation, 2013 by Martin Papillon,André Juneau Pdf
Traditionally associated with the federal government, Aboriginal policy has arguably become a far more complex reality. With or without formal self-government, Aboriginal communities and nations are increasingly assertive in establishing their own authority in areas as diverse as education, land management, the administration of justice, family and social services, and housing. The 2013 State of the Federation volume gathers experts and practitioners to discuss the contemporary dynamics, patterns, and challenges of Aboriginal multilevel governance in a wide range of policy areas. Recent court decisions on Aboriginal rights, notably on the duty to consult, have forced provincial and territorial governments to develop more sustained relationships with Aboriginal organizations and governments, especially in the management of lands and resources. Showing that Aboriginal governance is, more than ever, a multilevel reality, contributors address questions such as: What are the challenges in negotiating and implementing these bilateral and trilateral governance agreements? Are these governance arrangements conducive to real and sustained Aboriginal participation in the policy process? Finally, what are the implications of these various developments for Canadian federalism and for the rights and status of Aboriginal peoples in relation to the Canadian federation?
Aboriginal Self-government in Canada by Yale Deron Belanger Pdf
"Building on the success of the first two editions, this volume briefly recaps the historical development and public acceptance of the concept of Aboriginal self-government, then proceeds to examine its theoretical underpinnings, the state of Aboriginal self-government in Canada today, and the many practical issues surrounding implementation. Topics addressed include: justice innovations, initiatives in health and education to grant greater Aboriginal control, financing and intergovernmental relations, Aboriginal-municipal government relations, developing effective Aboriginal leadership, Métis self government aspirations, the intersection of women's rights and self-government, and international perspectives. Various self-government arrangements already in existence are examined including the establishment of Nunavut, the James Bay Agreement, Treaty Land Entitlement settlements, the Alberta Métis settlements, and many other land claims settlements that have granted Aboriginal communities greater control over their affairs."--Pub. website.
An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach by Robert Mainville Pdf
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Author : Menno Boldt,J. Anthony Long Publisher : University of Toronto Press Page : 424 pages File Size : 46,7 Mb Release : 1985-12-15 Category : Social Science ISBN : 9781442657830
The Quest for Justice by Menno Boldt,J. Anthony Long Pdf
This collection of many voices develops more deeply and exhaustively the issues raised in the editors’ earlier volume, Pathways to Self-Determination. It contains some twenty-three papers from representatives of the aboriginal people’s organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763. The contributors represent a broad cross-section of tribal, geographic, and organizational perspectives. They discuss constitutional questions such as land rights, the concerns of Metis, non-status Indians, and Inuit; and native rights in broad contexts – historical, legal/constitutional, political, regional, and international. The issue of aboriginal rights and of what these rights mean in terms of land and sovereignty has become increasingly important on the Canadian political agenda. The constitutional conferences between government and aboriginal peoples have revealed the gulf between what each side means by aboriginal rights: for the Indians these rights are meaningless without sovereign self-government, an idea the federal and provincial governments are not willing to entertain. Somewhere in the middle lies the concept of nationhood status. Ultimately, the aboriginal peoples are asking for justice from the dominant society around them; if it is denied or felt to be denied, the editors conclude, the consequences for the Canadian self-concept would be costly and debilitating. The twenty-four contributors provide a find guide to this profound and complex problem, whose solution depends on our understanding and our political wisdom.
Water Governance: Retheorizing Politics by Nicole J. Wilson,Joanne Nelson,Sameer H. Shah,Leila M. Harris Pdf
This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.
Author : Amanda Cats-Baril Publisher : International Institute for Democracy and Electoral Assistance (International IDEA) Page : 228 pages File Size : 41,6 Mb Release : 2020-08-09 Category : Law ISBN : 9789176713242
Indigenous Peoples’ Rights in Constitutions Assessment Tool by Amanda Cats-Baril Pdf
The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Aboriginal Peoples and the Law by Jim Reynolds Pdf
The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship 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. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.
Indigenous Nationals, Canadian Citizens by Thomas J. Courchene Pdf
Indigenous Nationals/Canadian Citizens begins with a detailed policy history from first contact to the Sesquicentennial with major emphasis on the evolution of Canadian policy initiatives relating to Indigenous peoples. This is followed by a focus on the key Supreme Court decisions that have dramatically enhanced Indigenous peoples' legal and constitutional rights. Attention is then directed to the Truth and Reconciliation Commission and the associated "Calls to Action," including their relationship to the United Nations Declaration on the Rights of Indigenous Peoples. With this as backdrop the focus turns to envisioning a brighter future for First Peoples beginning with the adoption of an analytical framework. After rejecting Indigenous nationals, Indigenous citizens (the traditional AFN position) and Canadian nationals, Canadian citizens (the Chrétien-Trudeau White Paper proposal), the chosen framework is Indigenous nationals, Canadian citizens. The two penultimate chapters address the manner in which this model has been successfully applied to the 14 Yukon First Nations as well as to the four Inuit land claims agreements. The final substantive chapter applies the Indigenous nationals, Canadian citizens model to the 70-plus First Nations in Saskatchewan (referred to as CSIN, the Commonwealth of Sovereign Indigenous Nations). In essence, CSIN would embrace provincial-type powers within, and closely integrated with, the province of Saskatchewan. Among other features, CSIN would embody the requisite degree of scale economies, self-government and property rights that are essential for Saskatchewan First Nations to successfully make the transition to Indigenous nationals and Canadian citizens.
In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody
Author : John Borrows,Michael Coyle Publisher : University of Toronto Press Page : 439 pages File Size : 41,9 Mb Release : 2017-01-01 Category : Political Science ISBN : 9781442630215
The Right Relationship by John Borrows,Michael Coyle Pdf
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
Revisiting the Duty to Consult Aboriginal Peoples by Dwight G. Newman Pdf
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different discussions. Evolving international legal norms have also come into practice that may have future bearing. Newman offers clarification and approaches to understanding the developing case law at a deeper and more principled level, and suggests possible future directions for the duty to consult in Canadian Aboriginal law.
