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Aboriginal Tenure in the Constitution of Canada by James Youngblood Henderson,Marjorie Lynne Benson,Isobel Findlay Pdf
This book is a cross-cultural and cross-disciplinary project exploring the meaning of Aboriginal and treaty rights in the constitution of Canada. The book provides an understanding of constitutional order and how it affirms the Aboriginal order. This book includes: parts 1: the common law and land Part 2: treaty reconciliations 3: legal protection of Aboriginal tenure 4: displacing colonial discourse 5: judicial reconciliation of Aboriginal tenure 6: Sui Generis Aboriginal tenure 7: toward reconciliation for the millennium.
Author : John Borrows Publisher : University of Toronto Press Page : 441 pages File Size : 51,9 Mb Release : 2010-01-01 Category : Social Science ISBN : 9781442610385
Canada's Indigenous Constitution by John Borrows Pdf
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.
Author : Patrick Macklem Publisher : University of Toronto Press Page : 336 pages File Size : 41,8 Mb Release : 2001-12-15 Category : Law ISBN : 9781442658806
Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf
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.
Bead by Bead examines the parameters that current Indigenous legal doctrines place around Métis rights discourse and moves beyond a one-size-fits-all approach. Contributors to this volume address the historical denial of Métis concerns with respect to land, resources, and governance. Tackling such themes as the invisibility of Métis women in court decisions, identity politics, and racist legal principles, they uncover the troubling issues that plague Métis aspirations for a just future. By revealing the diversity of Métis identities and lived reality, this critical analysis opens new pathways to respectful, inclusive Métis-Canadian constitutional relationships.
Author : Menno Boldt,J. Anthony Long Publisher : University of Toronto Press Page : 424 pages File Size : 40,5 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.
Aboriginal and Treaty Rights in Canada by Michael Asch Pdf
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.
Let Right Be Done by Hamar Foster,Heather Raven,Jeremy Webber Pdf
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."
Author : John Borrows Publisher : University of Toronto Press Page : 382 pages File Size : 54,9 Mb Release : 2016-01-01 Category : Customary law ISBN : 9781442629233
Author : John Borrows Publisher : University of Toronto Press Page : 326 pages File Size : 47,9 Mb Release : 2017-06-22 Category : Law ISBN : 9781487516758
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.
Author : Michael Asch Publisher : University of Washington Press Page : 176 pages File Size : 42,7 Mb Release : 1993 Category : Indians of North America ISBN : UCSC:32106019337671
Section 35 of the Constitution Act expressly acknowledges, for thefirst time, that there are "aboriginal people" and"aboriginal rights." What, then, are the implications forCanada of the inclusion of this section in our constitution? Central tothis question is the definition of aboriginal rights and whether theyinclude such "special" political rights asself-determination. Home and Native Land is divided into twomajor sections. The first focuses on definitions and provides adetailed account of the meaning of the phrase "aboriginalrights" as used by the two main actors: the government and theaboriginal peoples. The second is devoted to the question of politicalrights and the means by which this issue can be resolved.
Aboriginal Self-government by Patrick Macklem,Canada. Royal Commission on Aboriginal Peoples Pdf
Note: The papers assembled in this volume were commissioned from the authors by the Royal Commission on Aboriginal Peoples as part of its research program. The papers were completed between August 1993 and November 1994. The opinions expressed in the papers are those of the authors and do not necessarily reflect opinions or positions of the Royal Commission on Aboriginal Peoples.
