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Author : Brian A. Crane,Martin W. Mason,Robert Mainville
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 810 pages
File Size : 41,6 Mb
Release : 2006
Category : History
ISBN : STANFORD:36105063838713
Author : Judith F. Sayers,Canada. Status of Women Canada. Policy Research
Publisher : Unknown
Page : 180 pages
File Size : 40,5 Mb
Release : 2001
Category : Law
ISBN : 066231140X
The first paper in this compilation is a review of the literature on First Nations women and self-government. It covers the following subject areas: traditional roles of First Nations women, the impact of colonization on those women, male leadership, contemporary First Nations women & sexual equality, and contemporary First Nations women & self-government. It also provides some legislative options, draft policies, recommendations, and general discussion of good governance from a First Nations women's perspective. The second paper addresses two questions: can & should the Indian Act be amended to provide for more equitable governing powers between First Nations women & men, and if amendments are desired, how can new regulations & policy improve the political participation of First Nations women. The questions are approached by investigating the responses of Lake Babine First Nation women to such questions and comparing this information with published analyses of women and First Nations governance. The final paper examines the history & rationale for the section 67 exemption of Indian Act matters from the Canadian Human Rights Act in the context of First Nations women's equality interests in governance. It reviews barriers to full realization of First Nations women's equality rights, particularly issues relating to Indian status & the band membership entitlement system, and decision-making by Indian Act band councils that reflects the arbitrary legal distinctions made in the Act.
Author : William Nikolakis,Stephen Cornell,Harry W. Nelson
Publisher : Unknown
Page : 353 pages
File Size : 52,5 Mb
Release : 2019
Category : Political Science
ISBN : 9780816539970
"This volume showcases how Native nations can reclaim self-determination and self-governance via examples from four important countries"--
Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 54,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737
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.
Author : Garth Nettheim,Donna Craig,Gary D. Meyers
Publisher : Aboriginal Studies Press
Page : 510 pages
File Size : 55,9 Mb
Release : 2002
Category : Business & Economics
ISBN : UOM:39015056160818
Indigenous peoples, legal and other professionals have actively engaged a number of international and national legal mechanisms to achieve degees of self governance in Canada, the United States, Greenland, Denmark, Norway, New Zealand and Australia. This title presents these precedents in the ongoing effort for self governance.
Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 42,9 Mb
Release : 2023-08-01
Category : Law
ISBN : 9781928096832
Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.
Author : Simon Rose
Publisher : Unknown
Page : 32 pages
File Size : 41,7 Mb
Release : 2017-06
Category : Indigenous peoples
ISBN : 1773081195
"Explores how Indigenous groups historically governed themselves, the changes they faced when Europeans arrived in North America, and recent efforts by the Canadian government to restore self-government to Indigenous Peoples."--
Author : Neil J. Sterritt,Canada. Indian and Northern Affairs Canada
Publisher : Canadian Museum of Civilization/Musee Canadien Des Civilisations
Page : 110 pages
File Size : 45,8 Mb
Release : 2003
Category : Algonquians
ISBN : MSU:31293024914321
This handbook is intended to be a resource guide for councillors who would like to build a strong, stable organization in their community. The objective of Council is to enhance the well-being of community members and to protect their assets. Overall, this document is meant to answer many of the common questions a new councillor may have after being elected.
Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 47,7 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9781442610385
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.
Author : Kirsty Gover
Publisher : OUP Oxford
Page : 300 pages
File Size : 49,9 Mb
Release : 2010
Category : Law
ISBN : 9780199587094
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 42,8 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595
Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?
Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 54,9 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956
Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
Author : Irene Bellier,Jennifer Hays
Publisher : Routledge
Page : 303 pages
File Size : 53,9 Mb
Release : 2019-10-08
Category : Law
ISBN : 9781317371496
This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.
Author : John Borrows
Publisher : University of Toronto Press
Page : 326 pages
File Size : 42,5 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516758
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Author : Jack Woodward
Publisher : Unknown
Page : 626 pages
File Size : 47,8 Mb
Release : 1989
Category : Indians of North America
ISBN : OCLC:729250778
Includes table of cases, table of statutes, table of authorities, aboriginal rights and customary law, orders, bylaws and regulations affecting each band, and commentary on treaties.