Daniels V Canada

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Daniels v. Canada

Author : Nathalie Kermoal,Chris Andersen
Publisher : Univ. of Manitoba Press
Page : 336 pages
File Size : 41,9 Mb
Release : 2021-04-23
Category : Law
ISBN : 9780887559310

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Daniels v. Canada by Nathalie Kermoal,Chris Andersen Pdf

In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Bead by Bead

Author : Yvonne Boyer,Larry Chartrand
Publisher : UBC Press
Page : 236 pages
File Size : 52,5 Mb
Release : 2021-05-15
Category : Social Science
ISBN : 9780774865999

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Bead by Bead by Yvonne Boyer,Larry Chartrand Pdf

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.

Métis

Author : Chris Andersen
Publisher : UBC Press
Page : 284 pages
File Size : 55,8 Mb
Release : 2014-04-21
Category : Social Science
ISBN : 9780774827232

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Métis by Chris Andersen Pdf

Ask any Canadian what "Métis" means, and they will likely say "mixed race." Canadians consider Métis mixed in ways that other Indigenous people are not, and the census and courts have premised their recognition of Métis status on this race-based understanding. Andersen argues that Canada got it wrong. From its roots deep in the colonial past, the idea of Métis as mixed has slowly pervaded the Canadian consciousness until it settled in the realm of common sense. In the process, "Métis" has become a racial category rather than the identity of an Indigenous people with a shared sense of history and culture.

Defining Métis

Author : Timothy P. Foran
Publisher : Univ. of Manitoba Press
Page : 128 pages
File Size : 49,8 Mb
Release : 2017-05-10
Category : History
ISBN : 9780887555114

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Defining Métis by Timothy P. Foran Pdf

"Defining Métis" examines categories used in the latter half of the nineteenth century by Catholic missionaries to describe Indigenous people in what is now northwestern Saskatchewan. It argues that the construction and evolution of these categories reflected missionaries’changing interests and agendas. "Defining Métis" sheds light on the earliest phases of Catholic missionary work among Indigenous peoples in western and northern Canada. It examines various interrelated aspects of this work, including the beginnings of residential schooling, transportation and communications, and relations between the Church, the Hudson’s Bay Company, and the federal government. While focusing on the Oblates of Mary Immaculate and their central mission at Île-à-la-Crosse, this study illuminates broad processes that informed Catholic missionary perceptions and impelled their evolution over a fifty-three-year period. In particular, this study illuminates processes that shaped Oblate conceptions of sauvage and métis. It does this through a qualitative analysis of documents that were produced within the Oblates’ institutional apparatus – official correspondence, mission journals, registers, and published reports. Foran challenges the orthodox notion that Oblate commentators simply discovered and described a singular, empirically existing, and readily identifiable Métis population. Rather, he contends that Oblates played an important role in the conceptual production of les métis.

Distorted Descent

Author : Darryl Leroux
Publisher : Univ. of Manitoba Press
Page : 240 pages
File Size : 42,8 Mb
Release : 2019-09-20
Category : History
ISBN : 9780887555947

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Distorted Descent by Darryl Leroux Pdf

Distorted Descent examines a social phenomenon that has taken off in the twenty-first century: otherwise white, French descendant settlers in Canada shifting into a self-defined “Indigenous” identity. This study is not about individuals who have been dispossessed by colonial policies, or the multi-generational efforts to reconnect that occur in response. Rather, it is about white, French-descendant people discovering an Indigenous ancestor born 300 to 375 years ago through genealogy and using that ancestor as the sole basis for an eventual shift into an “Indigenous” identity today. After setting out the most common genealogical practices that facilitate race shifting, Leroux examines two of the most prominent self-identified “Indigenous” organizations currently operating in Quebec. Both organizations have their origins in committed opposition to Indigenous land and territorial negotiations, and both encourage the use of suspect genealogical practices. Distorted Descent brings to light to how these claims to an “Indigenous” identity are then used politically to oppose actual, living Indigenous peoples, exposing along the way the shifting politics of whiteness, white settler colonialism, and white supremacy.

Aboriginal Law

Author : Thomas Isaac
Publisher : Saskatoon : Purich Pub.
Page : 559 pages
File Size : 46,6 Mb
Release : 2004-01-01
Category : Law
ISBN : 1895830230

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Aboriginal Law by Thomas Isaac Pdf

This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

Rooster Town

Author : Evelyn Peters,Matthew Stock,Adrian Werner
Publisher : Univ. of Manitoba Press
Page : 296 pages
File Size : 42,6 Mb
Release : 2018-10-16
Category : History
ISBN : 9780887555664

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Rooster Town by Evelyn Peters,Matthew Stock,Adrian Werner Pdf

Melonville. Smokey Hollow. Bannock Town. Fort Tuyau. Little Chicago. Mud Flats. Pumpville. Tintown. La Coule. These were some of the names given to Métis communities at the edges of urban areas in Manitoba. Rooster Town, which was on the outskirts of southwest Winnipeg endured from 1901 to 1961. Those years in Winnipeg were characterized by the twin pressures of depression, and inflation, chronic housing shortages, and a spotty social support network. At the city’s edge, Rooster Town grew without city services as rural Métis arrived to participate in the urban economy and build their own houses while keeping Métis culture and community as a central part of their lives. In other growing settler cities, the Indigenous experience was largely characterized by removal and confinement. But the continuing presence of Métis living and working in the city, and the establishment of Rooster Town itself, made the Winnipeg experience unique. Rooster Town documents the story of a community rooted in kinship, culture, and historical circumstance, whose residents existed unofficially in the cracks of municipal bureaucracy, while navigating the legacy of settler colonialism and the demands of modernity and urbanization.

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

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
Page : 673 pages
File Size : 55,7 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.

Indigenous Relations

Author : Bob Joseph,Cindy Joseph
Publisher : Indigenous Relations Press
Page : 210 pages
File Size : 52,7 Mb
Release : 2019-05-09
Category : Social Science
ISBN : 1989025641

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Indigenous Relations by Bob Joseph,Cindy Joseph Pdf

"We are all treaty people. This eagerly awaited sequel to the bestselling 21 Things You May Not Know About the Indian Act offers practical tools that will help you respectfully avoid missteps in your business interactions and personal relationships with Indigenous Peoples. This book will teach you about: Aboriginal Rights and Title, and the treaty process the difference between hereditary and elected leadership, and why it matters the lasting impact of the Indian Act, including the barriers that Indigenous communities face which terms are preferable, and which should be avoided Indigenous Worldviews and cultural traditions the effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada the truth behind common myths and stereotypes perpetuated about Indigenous Peoples since Confederation. In addition to being a hereditary chief, Bob Joseph is the President of Indigenous Corporate Training Inc., which offers programs in cultural competency. Here he offers an eight-part process that businesses and all levels of government can use to work more effectively with Indigenous Peoples, which benefits workplace culture as well as the bottom line. Embracing reconciliation on a daily basis in your work and personal life is the best way to undo the legacy of the Indian Act. By understanding and respecting cultural differences, you$1 (Bre taking a step toward full reconciliation between Indigenous and non-Indigenous peoples."--s.

Working Effectively with Aboriginal Peoples

Author : Robert P. C. Joseph,Cynthia F. Joseph
Publisher : Unknown
Page : 192 pages
File Size : 40,7 Mb
Release : 2007
Category : Education
ISBN : STANFORD:36105123342557

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Working Effectively with Aboriginal Peoples by Robert P. C. Joseph,Cynthia F. Joseph Pdf

The changing legal, political and economic landscape of Aboriginal Peoples represent some of the biggest change, challenges, risks and exciting opportunities for individuals and organizations today. Whether you're just starting out or want to increase your knowledge, this book is written to help individuals and organizations to work more effectively with Aboriginal peoples. The information in this book has been field tested with Aboriginal and non-Aboriginal peoples and will help readers get beyond background information and aboriginal awareness and into understanding and guidance that can be applied in innovative ways wherever you find Aboriginal peoples.

Environment in the Courtroom

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

The Oxford Handbook of the Canadian Constitution

Author : Peter Crawford Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1169 pages
File Size : 43,8 Mb
Release : 2017
Category : Law
ISBN : 9780190664817

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The Oxford Handbook of the Canadian Constitution by Peter Crawford Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Canada

Author : Martin Papillon,André Juneau
Publisher : McGill-Queen's Press - MQUP
Page : 339 pages
File Size : 42,7 Mb
Release : 2015
Category : Political Science
ISBN : 9781553394471

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Canada by Martin Papillon,André Juneau Pdf

15. Can an Emergency Response Translate into Practicable Policy? Post-Flood Provincial-First Nations Housing in Alberta -- 16. On-Reserve Schools: An Underperforming "Non-System"--VI: Provincial Aboriginal Policy in Changing Times -- 17. Ontario's Approach to Aboriginal Governance -- 18. Rethinking Provincial-Aboriginal Relations in British Columbia -- VII: Concluding Thoughts -- 19. Concluding Thoughts

Canada's Residential Schools: The Legacy

Author : Truth and Reconciliation Commission of Canada,Commission de vérité et réconciliation du Canada
Publisher : McGill-Queen's Press - MQUP
Page : 413 pages
File Size : 55,6 Mb
Release : 2016
Category : History
ISBN : 9780773598270

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Canada's Residential Schools: The Legacy by Truth and Reconciliation Commission of Canada,Commission de vérité et réconciliation du Canada Pdf

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize” Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: The Legacy describes what Canada must do to overcome the schools’ tragic legacy and move towards reconciliation with the country’s first peoples. For over 125 years Aboriginal children suffered abuse and neglect in residential schools run by the Canadian government and by churches. They were taken from their families and communities and confined in large, frightening institutions where they were cut off from their culture and punished for speaking their own language. Infectious diseases claimed the lives of many students and those who survived lived in harsh and alienating conditions. There was little compassion and little education in most of Canada’s residential schools. Although Canada has formally apologized for the residential school system and has compensated its Survivors, the damaging legacy of the schools continues to this day. This volume examines the long shadow that the residential schools have cast over the lives of Aboriginal Canadians who are more likely to live in poverty, more likely to be in ill health and die sooner, more likely to have their children taken from them, and more likely to be imprisoned than other Canadians. The disappearance of many Indigenous languages and the erosion of cultural traditions and languages also have their roots in residential schools.

Canadian Law and Indigenous Self?Determination

Author : Gordon Christie
Publisher : University of Toronto Press
Page : 447 pages
File Size : 44,8 Mb
Release : 2019
Category : Law
ISBN : 9781442628991

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Canadian Law and Indigenous Self?Determination by Gordon Christie Pdf

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, social, and political landscape.