Aboriginal Title

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 44,8 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.

Author : Peter H. Russell
Publisher : Unknown
Page : 470 pages
File Size : 52,6 Mb
Release : 2006
Category : History
ISBN : 0802094430

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Recognizing Aboriginal Title by Peter H. Russell Pdf

A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.

Author : Kent McNeil
Publisher : UBC Press
Page : 353 pages
File Size : 42,5 Mb
Release : 2019-06-01
Category : Law
ISBN : 9780774861083

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Flawed Precedent by Kent McNeil Pdf

In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.

Author : Hamar Foster,Heather Raven,Jeremy Webber
Publisher : UBC Press
Page : 353 pages
File Size : 41,5 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774840118

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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 : Peter H. Russell
Publisher : Unknown
Page : 492 pages
File Size : 48,6 Mb
Release : 2006
Category : History
ISBN : UOM:39015063306511

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Recognising Aboriginal Title by Peter H. Russell Pdf

In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.

Author : Kent McNeil
Publisher : Oxford [England] : Clarendon Press
Page : 357 pages
File Size : 52,8 Mb
Release : 1989
Category : Art
ISBN : 0198252234

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Common Law Aboriginal Title by Kent McNeil Pdf

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.

Author : Michael Asch
Publisher : UBC Press
Page : 303 pages
File Size : 54,8 Mb
Release : 2011-11-01
Category : History
ISBN : 9780774842334

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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.

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 450 pages
File Size : 45,6 Mb
Release : 2005-12-15
Category : Law
ISBN : 9781442659254

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Recognizing Aboriginal Title by Peter H. Russell Pdf

A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.

Author : Brian Slattery,University of Saskatchewan. Native Law Centre
Publisher : [Saskatoon] : University of Saskatchewan Native Law Centre
Page : 45 pages
File Size : 54,5 Mb
Release : 1983-01-01
Category : Aboriginal Australians
ISBN : 0888801009

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Ancestral Lands, Alien Laws by Brian Slattery,University of Saskatchewan. Native Law Centre Pdf

Explores the principal ways in which North American and Commonwealth courts have traditionally approached the question of aboriginal land rights.

Author : Patricia Burke Wood,David Rossiter
Publisher : UBC Press
Page : 309 pages
File Size : 51,6 Mb
Release : 2022-10-15
Category : Social Science
ISBN : 9780774866347

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Unstable Properties by Patricia Burke Wood,David Rossiter Pdf

The so-called land question dominates political discourse in British Columbia. Unstable Properties reverses the usual approach – investigating Aboriginal claims to Crown land – to reframe the issue as a history of Crown attempts to solidify claims to Indigenous territory. From the historical-geographic processes through which the BC polity became entrenched in its present territory to key events of the twenty-first century, the authors highlight the unstable ideological foundation of land and title arrangements. In the process, they demonstrate that only by understanding diverse interpretations of sovereignty, governance, territory, and property can we move toward meaningful reconciliation.

Author : Menno Boldt,J. Anthony Long,Leroy Little Bear
Publisher : University of Toronto Press
Page : 424 pages
File Size : 43,9 Mb
Release : 1985-01-01
Category : Social Science
ISBN : 0802065899

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The Quest for Justice by Menno Boldt,J. Anthony Long,Leroy Little Bear Pdf

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.

Author : KERRY. WILKINS
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2018
Category : Electronic
ISBN : 0779886224

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ESSENTIALS OF CANADIAN ABORIGINAL LAW. by KERRY. WILKINS Pdf

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 41,5 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.

Author : Institute for Research on Public Policy
Publisher : IRPP
Page : 348 pages
File Size : 53,7 Mb
Release : 1992
Category : Law
ISBN : 0889821151

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Aboriginal Title in British Columbia by Institute for Research on Public Policy Pdf

This collection of essays covers a significant judgment in the history of British Columbia and land claims and aboriginal rights and title for the Gitksan and Wet'suwet'en Indians.

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 43,6 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.