An Overview Of Aboriginal And Treaty Rights And Compensation For Their Breach

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An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Robert Mainville
An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach Book PDF

Author : Robert Mainville
Publisher : Purich Publishing
Page : 192 pages
File Size : 53,8 Mb
Release : 2001-04-01
Category : Law
ISBN : 1895830443

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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.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Robert Mainville
An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach Book PDF

Author : Robert Mainville
Publisher : UBC Press
Page : 187 pages
File Size : 48,8 Mb
Release : 2001-04-01
Category : Law
ISBN : 9781895830538

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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.

Solemn Words and Foundational Documents

Jean-Pierre Morin
Solemn Words and Foundational Documents Book PDF

Author : Jean-Pierre Morin
Publisher : University of Toronto Press
Page : 281 pages
File Size : 45,5 Mb
Release : 2018-01-01
Category : History
ISBN : 9781487594459

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Solemn Words and Foundational Documents by Jean-Pierre Morin Pdf

In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary

Truth and Reconciliation Commission of Canada
Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary Book PDF

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
Page : 673 pages
File Size : 53,5 Mb
Release : 2015-07-22
Category : History
ISBN : 9781459410695

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Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf

This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Treaties with American Indians [3 volumes]

Donald L. Fixico
Treaties with American Indians 3 volumes Book PDF

Author : Donald L. Fixico
Publisher : Bloomsbury Publishing USA
Page : 1318 pages
File Size : 44,8 Mb
Release : 2007-12-12
Category : Social Science
ISBN : 9781576078815

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Treaties with American Indians [3 volumes] by Donald L. Fixico Pdf

This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.

Indian Treaties in the United States

Donald L. Fixico
Indian Treaties in the United States Book PDF

Author : Donald L. Fixico
Publisher : Bloomsbury Publishing USA
Page : 441 pages
File Size : 49,5 Mb
Release : 2018-05-03
Category : History
ISBN : 9798216102120

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Indian Treaties in the United States by Donald L. Fixico Pdf

This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887.

Remedies for Human Rights Violations

Kent Roach
Remedies for Human Rights Violations Book PDF

Author : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 55,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781108417877

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Remedies for Human Rights Violations by Kent Roach Pdf

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Let Right Be Done

Hamar Foster,Heather Raven,Jeremy Webber
Let Right Be Done Book PDF

Author : Hamar Foster,Heather Raven,Jeremy Webber
Publisher : UBC Press
Page : 353 pages
File Size : 50,8 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."

Race, Racialization and Antiracism in Canada and Beyond

Genevieve Fuji Johnson,Randy Enomoto
Race Racialization and Antiracism in Canada and Beyond Book PDF

Author : Genevieve Fuji Johnson,Randy Enomoto
Publisher : University of Toronto Press
Page : 272 pages
File Size : 54,8 Mb
Release : 2007-06-23
Category : Social Science
ISBN : 9781442690783

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Race, Racialization and Antiracism in Canada and Beyond by Genevieve Fuji Johnson,Randy Enomoto Pdf

This multidisciplinary volume brings together scholars and activists to examine expressions of racism in contemporary policy areas, including education, labour, immigration, media, and urban planning. While anti-racist struggles during the twentieth century were largely pitched against overt forms of racism (e.g., pogroms, genocide, segregation, apartheid, and 'ethnic cleansing'), it has become increasingly apparent that there are other, less visible, forms of racism. These subtler incarnations are of special interest to the contributors. The intent of Race, Racialization, and Antiracism in Canada and Beyond is to probe systemic forms of racism, as well as to suggest strategies for addressing them. The collection is organized by themes pertinent to political and social expressions of racism in Canada and the wider world, such as the state and its mediation of race, education and the perpetuation of racist marginalization, and the role of the media. The contributors argue that, in order to effectively combat racism, various methodological approaches are required, approaches that are reflective of the diversity of the world we seek to understand.

Aboriginal Law, Fourth Edition

Thomas Isaac
Aboriginal Law Fourth Edition Book PDF

Author : Thomas Isaac
Publisher : UBC Press
Page : 448 pages
File Size : 54,7 Mb
Release : 2012-08-15
Category : Law
ISBN : 9781895830651

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Aboriginal Law, Fourth Edition by Thomas Isaac Pdf

Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.

The Rights of Indigenous Peoples in Marine Areas

Stephen Allen,Nigel Bankes,Øyvind Ravna
The Rights of Indigenous Peoples in Marine Areas Book PDF

Author : Stephen Allen,Nigel Bankes,Øyvind Ravna
Publisher : Bloomsbury Publishing
Page : 565 pages
File Size : 50,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509928651

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The Rights of Indigenous Peoples in Marine Areas by Stephen Allen,Nigel Bankes,Øyvind Ravna Pdf

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

The Spaces In Between

Tim Schouls
The Spaces In Between Book PDF

Author : Tim Schouls
Publisher : University of Toronto Press
Page : 413 pages
File Size : 49,6 Mb
Release : 2023-11-30
Category : Political Science
ISBN : 9781487587420

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The Spaces In Between by Tim Schouls Pdf

The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-fought political negotiations, and sometimes through simple declarations of intent, Indigenous nations have repeatedly compelled the Canadian state to roll back its jurisdiction over them. In doing so, they have enhanced their prospects for political sovereignty within Canada. As such, they now increasingly occupy what Schouls refers to metaphorically as “the spaces in between.” The book asserts that occupation of these jurisdictional “spaces in between” not only goes some distance in meeting the requirements of Indigenous rights but also contributes to Indigenous community autonomy and well-being, enhancing prospects for reconciliation between Indigenous peoples and the Canadian state.

Aboriginal Title and Indigenous Peoples

Louis A. Knafla,Haijo Westra
Aboriginal Title and Indigenous Peoples Book PDF

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 47,8 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.

Aboriginal Peoples and the Law

Jim Reynolds
Aboriginal Peoples and the Law Book PDF

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 53,9 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.

From Treaties to Reserves

David John Hall
From Treaties to Reserves Book PDF

Author : David John Hall
Publisher : McGill-Queen's Press - MQUP
Page : 501 pages
File Size : 45,5 Mb
Release : 2015
Category : Indian reservations
ISBN : 9780773545946

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From Treaties to Reserves by David John Hall Pdf

How divergent understandings of treaties contributed to a heritage of distrust.