Aboriginal Title And Indigenous Peoples

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 43,8 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 : Hamar Foster,Heather Raven,Jeremy Webber
Publisher : UBC Press
Page : 353 pages
File Size : 52,8 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 : 470 pages
File Size : 42,8 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 : 55,9 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 : Menno Boldt,J. Anthony Long,Leroy Little Bear
Publisher : University of Toronto Press
Page : 424 pages
File Size : 42,8 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 : Thomas Flanagan
Publisher : McGill-Queen's Press - MQUP
Page : 300 pages
File Size : 49,8 Mb
Release : 2008
Category : History
ISBN : 9780773534438

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First Nations? Second Thoughts, Second Edition by Thomas Flanagan Pdf

Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. In this updated edition, Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves.

Author : Bradford Morse
Publisher : McGill-Queen's Press - MQUP
Page : 935 pages
File Size : 48,7 Mb
Release : 1985-02-15
Category : Social Science
ISBN : 9780773583559

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Aboriginal Peoples and the Law by Bradford Morse Pdf

Author : D.B. Tindall,Ronald Trosper,Pamela Perreault
Publisher : UBC Press
Page : 366 pages
File Size : 46,5 Mb
Release : 2013-02-11
Category : Social Science
ISBN : 9780774823364

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Aboriginal Peoples and Forest Lands in Canada by D.B. Tindall,Ronald Trosper,Pamela Perreault Pdf

Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginals and non-Aboriginals to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of researching traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and Aboriginal communities.

Author : Peter H. Russell
Publisher : Unknown
Page : 492 pages
File Size : 42,5 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 : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 45,5 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.

Author : Peter Cook,Neil Vallance,John Lutz,Graham Brazier,Hamar Foster
Publisher : UBC Press
Page : 369 pages
File Size : 49,9 Mb
Release : 2021-12-01
Category : Social Science
ISBN : 9780774863858

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To Share, Not Surrender by Peter Cook,Neil Vallance,John Lutz,Graham Brazier,Hamar Foster Pdf

To Share, Not Surrender offers an entirely new approach to assessing Indigenous-settler conflict over land, opening scholarship to the public and augmenting it with First Nations community expertise. Informed by cel’aṉ’en – “our culture, the way of our people” – this multivocal work of essays traces the transition from treaty-making in the colony of Vancouver Island to reserve formation in the colony of British Columbia. The collection also publishes translations/interpretations of the treaties into the SENĆOŦEN and Lekwungen languages. An all-embracing exploration of the struggle over land, To Share, Not Surrender advances the urgent task of reconciliation in Canada.

Author : Thomas J. Courchene
Publisher : Queen's Policy Studies
Page : 319 pages
File Size : 45,5 Mb
Release : 2018-03-31
Category : History
ISBN : 9781553394525

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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.

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 450 pages
File Size : 49,5 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 : Kent McNeil
Publisher : Oxford [England] : Clarendon Press
Page : 357 pages
File Size : 43,8 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 : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 42,5 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.