Canadian Law And Indigenous Self Determination

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Canadian Law and Indigenous Self‐Determination

Gordon Christie
Canadian Law and Indigenous Self Determination Book PDF

Author : Gordon Christie
Publisher : University of Toronto Press
Page : 447 pages
File Size : 48,7 Mb
Release : 2019-08-22
Category : Law
ISBN : 9781442625518

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Canadian Law and Indigenous Self‐Determination by Gordon Christie Pdf

For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity.

Wise Practices

Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols
Wise Practices Book PDF

Author : Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols
Publisher : University of Toronto Press
Page : 385 pages
File Size : 55,6 Mb
Release : 2021-10-01
Category : Law
ISBN : 9781487537500

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Wise Practices by Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols Pdf

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship. This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.

Terms of Coexistence

Sébastien Grammond
Terms of Coexistence Book PDF

Author : Sébastien Grammond
Publisher : Unknown
Page : 645 pages
File Size : 45,5 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.

Law's Indigenous Ethics

John Borrows
Law s Indigenous Ethics Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 50,9 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.

Indigenous Legal Traditions

Law Commission of Canada
Indigenous Legal Traditions Book PDF

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 45,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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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.

Indigenous Peoples and the Law

Benjamin J Richardson,Shin Imai,Kent McNeil
Indigenous Peoples and the Law Book PDF

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 43,7 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.

Self-Determination in International Law, Quebec and Lessons Learned

Anne Bayefsky
Self Determination in International Law Quebec and Lessons Learned Book PDF

Author : Anne Bayefsky
Publisher : BRILL
Page : 522 pages
File Size : 46,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004505827

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Self-Determination in International Law, Quebec and Lessons Learned by Anne Bayefsky Pdf

The case of Quebec within Canada, and the Supreme Court of Canada's case on the legality of secessionist attempts by Quebec, is one example of the tension associated with the relationship between self-determination and a right of secession. The object of the book is to render available to the international community the expert opinions and legal arguments associated with the Supreme Court of Canada's decision on the Quebec Secession Reference. The questions put to the Court in large part concerned international law, leading the parties to the Reference to seek opinions from international law experts around the world as they prepared their arguments which are presented in this book. Self-determination is an idea rooted in human dignity and its meaning and force parallel the emergence of new understandings of the nature of sovereignty and the role of international law in the protection of human rights. The UN Human Rights Committee has identified self-determination as one of the most awkward principles to define because abuse of this right could jeopardize international peace and security. Self-determination, as formulated by the International Court of Justice, requires a free and genuine expression of the will of the peoples concerned. But serious questions remain about the extent of the relationship between self-determination and a right of secession. Does self-determination legitimate internal self-government, association of some kind with another state, or statehood, and in what contexts?

On Being Here to Stay

Michael Asch
On Being Here to Stay Book PDF

Author : Michael Asch
Publisher : University of Toronto Press
Page : 232 pages
File Size : 48,8 Mb
Release : 2014-02-24
Category : Social Science
ISBN : 9781442669840

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On Being Here to Stay by Michael Asch Pdf

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

Restructuring Relations

Rauna Kuokkanen
Restructuring Relations Book PDF

Author : Rauna Kuokkanen
Publisher : Oxford University Press
Page : 320 pages
File Size : 49,5 Mb
Release : 2019-03-01
Category : Political Science
ISBN : 9780190913304

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Restructuring Relations by Rauna Kuokkanen Pdf

Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.

Indigenous Data Sovereignty and Policy

Maggie Walter,Tahu Kukutai,Stephanie Russo Carroll,Desi Rodriguez-Lonebear
Indigenous Data Sovereignty and Policy Book PDF

Author : Maggie Walter,Tahu Kukutai,Stephanie Russo Carroll,Desi Rodriguez-Lonebear
Publisher : Routledge
Page : 257 pages
File Size : 49,8 Mb
Release : 2020-10-29
Category : Education
ISBN : 9781000214208

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Indigenous Data Sovereignty and Policy by Maggie Walter,Tahu Kukutai,Stephanie Russo Carroll,Desi Rodriguez-Lonebear Pdf

This book examines how Indigenous Peoples around the world are demanding greater data sovereignty, and challenging the ways in which governments have historically used Indigenous data to develop policies and programs. In the digital age, governments are increasingly dependent on data and data analytics to inform their policies and decision-making. However, Indigenous Peoples have often been the unwilling targets of policy interventions and have had little say over the collection, use and application of data about them, their lands and cultures. At the heart of Indigenous Peoples’ demands for change are the enduring aspirations of self-determination over their institutions, resources, knowledge and information systems. With contributors from Australia, Aotearoa New Zealand, North and South America and Europe, this book offers a rich account of the potential for Indigenous data sovereignty to support human flourishing and to protect against the ever-growing threats of data-related risks and harms. The Open Access version of this book, available at https://www.taylorfrancis.com/books/e/9780429273957, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Indigenous Difference and the Constitution of Canada

Patrick Macklem
Indigenous Difference and the Constitution of Canada Book PDF

Author : Patrick Macklem
Publisher : University of Toronto Press
Page : 348 pages
File Size : 42,7 Mb
Release : 2001-01-01
Category : Law
ISBN : 0802080499

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Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Pathways to Self-determination

Leroy Little Bear,Menno Boldt,J. Anthony Long
Pathways to Self determination Book PDF

Author : Leroy Little Bear,Menno Boldt,J. Anthony Long
Publisher : Unknown
Page : 234 pages
File Size : 51,8 Mb
Release : 1984
Category : Indians of North America
ISBN : UOM:39015004293422

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Pathways to Self-determination by Leroy Little Bear,Menno Boldt,J. Anthony Long Pdf

Presents the native viewpoints on issues related to the government of status Indians such as aboriginal rights, treaty rights and Indian-provincial relationships.

Freedom and Indigenous Constitutionalism

John Borrows
Freedom and Indigenous Constitutionalism Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 55,7 Mb
Release : 2016-01-01
Category : Customary law
ISBN : 9781442629233

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Freedom and Indigenous Constitutionalism by John Borrows Pdf

John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Canada's Indigenous Constitution

John Borrows
Canada s Indigenous Constitution Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 42,8 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9781442610385

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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.

The Quest for Justice

Menno Boldt,J. Anthony Long,Leroy Little Bear
The Quest for Justice Book PDF

Author : Menno Boldt,J. Anthony Long,Leroy Little Bear
Publisher : University of Toronto Press
Page : 424 pages
File Size : 51,5 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.