Aboriginal Peoples And The Law

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Indigenous Peoples and the Law

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 41,7 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206

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Indigenous Peoples and the Law by Benjamin J Richardson,Shin Imai,Kent McNeil Pdf

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Aboriginal Peoples and the Law

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 40,7 Mb
Release : 2018-05-15
Category : Law
ISBN : 9780774880237

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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.

ANNOTATED ABORIGINAL LAW

Author : SHIN. IMAI
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2016
Category : Electronic
ISBN : 0779871073

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ANNOTATED ABORIGINAL LAW by SHIN. IMAI Pdf

Terms of Coexistence

Author : Sébastien Grammond
Publisher : Unknown
Page : 645 pages
File Size : 48,5 Mb
Release : 2013-09
Category : Indians of North America
ISBN : 0779854101

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Terms of Coexistence by Sébastien Grammond Pdf

"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 52,8 Mb
Release : 2008
Category : Law
ISBN : 9780774855778

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Indigenous Legal Traditions by Law Commission of Canada Pdf

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.

Aboriginal Peoples, Colonialism and International Law

Author : Irene Watson
Publisher : Routledge
Page : 204 pages
File Size : 53,7 Mb
Release : 2014-10-17
Category : History
ISBN : 9781317938378

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Aboriginal Peoples, Colonialism and International Law by Irene Watson Pdf

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

ESSENTIALS OF CANADIAN ABORIGINAL LAW.

Author : KERRY. WILKINS
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 2018
Category : Electronic
ISBN : 0779886224

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ESSENTIALS OF CANADIAN ABORIGINAL LAW. by KERRY. WILKINS Pdf

Law's Indigenous Ethics

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 42,7 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157

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Law's Indigenous Ethics by John Borrows Pdf

Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Hunger, Horses, and Government Men

Author : Shelley A. M. Gavigan
Publisher : UBC Press
Page : 304 pages
File Size : 40,5 Mb
Release : 2012-10-15
Category : Law
ISBN : 9780774822541

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Hunger, Horses, and Government Men by Shelley A. M. Gavigan Pdf

Scholars often accept without question that the Indian Act (1876) criminalized First Nations. Drawing on court files, police and penitentiary records, and newspaper accounts from the Saskatchewan region of the North-West Territories between 1870 and 1905, 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. This illuminating book paints a vivid portrait of Aboriginal defendants, witnesses, and informants whose encounters with the criminal law and the Indian Act included both the mediation and the enforcement of relations of inequality.

First Nations Governance Law

Author : Brian A. Crane,Martin W. Mason,Robert Mainville
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 810 pages
File Size : 40,7 Mb
Release : 2006
Category : History
ISBN : STANFORD:36105063838713

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First Nations Governance Law by Brian A. Crane,Martin W. Mason,Robert Mainville Pdf

Aboriginal Law Handbook

Author : Shin Imai,Katharine Logan,Gary Stein
Publisher : Scarborough, Ont. : Carswell
Page : 329 pages
File Size : 44,8 Mb
Release : 1993
Category : Autochtones - Canada - Droit - Ouvrages de vulgarisation
ISBN : 0459557777

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Aboriginal Law Handbook by Shin Imai,Katharine Logan,Gary Stein Pdf

Indigenous Peoples as Subjects of International Law

Author : Irene Watson
Publisher : Taylor & Francis
Page : 226 pages
File Size : 46,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317240662

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Indigenous Peoples as Subjects of International Law by Irene Watson Pdf

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Aboriginal Title and Indigenous Peoples

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 52,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295

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Aboriginal Title and Indigenous Peoples by Louis A. Knafla,Haijo Westra Pdf

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.

White Man's Law

Author : Sidney L. Harring
Publisher : University of Toronto Press
Page : 482 pages
File Size : 55,9 Mb
Release : 1998-01-01
Category : Law
ISBN : 0802005039

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White Man's Law by Sidney L. Harring Pdf

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.

Aboriginal Peoples and the Law

Author : James I. Reynolds
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2018
Category : LAW
ISBN : 0774880244

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Aboriginal Peoples and the Law by James I. Reynolds Pdf

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.