From Wardship To Rights

Author : Jim Reynolds
Publisher : UBC Press
Page : 309 pages
File Size : 52,5 Mb
Release : 2020-05-01
Category : Law
ISBN : 9780774864596

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From Wardship to Rights by Jim Reynolds Pdf

This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.

Author : James I. Reynolds
Publisher : Unknown
Page : 291 pages
File Size : 49,7 Mb
Release : 2020
Category : Coast Salish Indians
ISBN : 0774864605

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From Wardship to Rights by James I. Reynolds Pdf

"This book tells the story of a First Nation's single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision."--

Author : Maciej Domański,Bogusław Lackoroński
Publisher : Taylor & Francis
Page : 839 pages
File Size : 46,6 Mb
Release : 2023-11-22
Category : Law
ISBN : 9781003802907

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Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) by Maciej Domański,Bogusław Lackoroński Pdf

This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.

Author : Charles Ghequiere Fenwick,United States Dept of State
Publisher : Legare Street Press
Page : 0 pages
File Size : 45,7 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1020460687

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Wardship In International Law by Charles Ghequiere Fenwick,United States Dept of State Pdf

A comprehensive review of the legal aspects of wardship in international law, including the rights and duties of ward, guardians, and other interested parties. This book is essential for practitioners of international law and anyone seeking to understand the complexities of international guardianship. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Hamar Foster,Heather Raven,Jeremy Webber
Publisher : UBC Press
Page : 353 pages
File Size : 50,7 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 : B. J. Sokol,Mary Sokol
Publisher : A&C Black
Page : 510 pages
File Size : 53,5 Mb
Release : 2000-01-01
Category : Literary Criticism
ISBN : 9780485115499

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Shakespeare's Legal Language by B. J. Sokol,Mary Sokol Pdf

This encyclopedia-style dicitonary explores early modern social life, legal thought, and the interactions within Shakespearean drama.

Author : Dr Andreas Dimopoulos
Publisher : Ashgate Publishing, Ltd.
Page : 415 pages
File Size : 45,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497059

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Issues in Human Rights Protection of Intellectually Disabled Persons by Dr Andreas Dimopoulos Pdf

This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 42,6 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 : Hilaire Barnett
Publisher : Routledge
Page : 217 pages
File Size : 54,6 Mb
Release : 2021-11-14
Category : Law
ISBN : 9780429840524

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Children's Rights and the Law by Hilaire Barnett Pdf

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

Author : Noël James Menuge
Publisher : Boydell & Brewer
Page : 168 pages
File Size : 53,5 Mb
Release : 2001
Category : History
ISBN : 0859916324

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Medieval English Wardship in Romance and Law by Noël James Menuge Pdf

This title explores how wardship literature in romance may be used in studies of wardship, and how it may complement an understanding of legal history. Wardship discourse is examined in a variety of sources - legal treatises, cases, and romance.

Author : Richard Storry Deans
Publisher : Unknown
Page : 192 pages
File Size : 40,7 Mb
Release : 1895
Category : Children
ISBN : UIUC:30112022832320

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The Law of Parent and Child, Guardian and Ward, and the Rights, Duties, and Liabilities of Infants by Richard Storry Deans Pdf

Author : Scott L. Waugh
Publisher : Princeton University Press
Page : 344 pages
File Size : 46,6 Mb
Release : 2014-07-14
Category : History
ISBN : 9781400859474

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The Lordship of England by Scott L. Waugh Pdf

This thorough examination of the feudal powers of English kings in the thirteenth and early fourteenth centuries is the only study to analyze the actual pattern of royal grants and the grantees' use of their rights, and to place them in the social context of marriage, kinship, and landholding within the English elite. The royal rights, known as feudal incidents, included custody of a tenant's lands when he died leaving minor heirs, the arrangement of the heir's marriage, and consent to the widow's remarriage. Scott Waugh shows how the king exercised those rights and how his use of feudal incidents affected his relations with the tenants-in-chief. He concludes that royal lordship was of fundamental importance in reinforcing the power and prestige of the monarchy and in offering the king a valuable source of patronage. English kings, therefore, devoted considerable effort to defining and institutionalizing their feudal authority in the thirteenth century. It is also clear that families living under royal lordship were profoundly concerned about these rights, especially since marriage was of such critical importance in providing for the smooth transfer of lands from one generation to another. Given the hazards of life in the Middle Ages, inheritance by minors was a frequent occurrence, and the king's distribution of feudal incidents was therefore a delicate political problem. It raised issues not only about royal finances and favoritism but also about the fate of families. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author : Kent McNeil
Publisher : UBC Press
Page : 353 pages
File Size : 53,7 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 : Evert Lindquist,Michael Howlett,Grace Skogstad,Geneviève Tellier,Paul t' Hart
Publisher : Oxford University Press
Page : 470 pages
File Size : 43,6 Mb
Release : 2022-07-08
Category : Political Science
ISBN : 9780192651235

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Policy Success in Canada by Evert Lindquist,Michael Howlett,Grace Skogstad,Geneviève Tellier,Paul t' Hart Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In Canada many public projects, programs, and services perform well, and many are very successful. However, these cases are consistently underexposed and understudied in the policy literature which, for various reasons, tends to focus on policy mistakes and learning from failures rather than successes. In fact, studies of public policy successes are rare not just in Canada, but the world over, although this has started to change (McConnell, 2010, 2017; Compton & 't Hart, 2019; Luetjens, Mintrom & 't Hart, 2019). Like those publications, the aims of Policy Success in Canada are to see, describe, acknowledge, and promote learning from past and present instances of highly effective and highly valued public policymaking. This exercise will be done through detailed examination of selected case studies of policy success in different eras, governments, and policy domains in Canada. This book project is embedded in a broader project led by 't Hart and OUP exploring policy successes globally and regionally. It is envisaged as a companion volume to OUP's 2019 offering Great Policy Successes (Compton and 't Hart, 2019) and to Successful Public Policy in the Nordic Countries (de La Porte et al, 2022). This present volume provides an opportunity to analyze what is similar and distinctive about introducing and implementing successful public policy in one of the world's most politically decentralized and regionally diverse federation and oldest democratic polities.

Author : Gillian Douglas,Leslie Sebba
Publisher : Routledge
Page : 327 pages
File Size : 45,5 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351952248

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Children's Rights and Traditional Values by Gillian Douglas,Leslie Sebba Pdf

This book of essays by legal scholars from the United Kingdom, Eire, Israel and Palestine explores the extent to which the recognition of the concept of children’s rights is affected by adherence to religious, cultural and ethnic traditions. The aim is twofold: first, to illuminate the interface between internationally-agreed norms of conduct regarding children and national and cultural determination to preserve traditional approaches; and secondly, to reflect upon the conflicts within societies between different cultural and religious groups in their attempts to determine whether 'liberal/secular' or 'conservative/religious' norms predominate in attitudes to children’s upbringing. This is the first collection of papers covering and comparing the UK and Israeli/Palestinian jurisdictions. The particular blends of social, religious and cultural diversity in both regions, mingled with the political factors operating as well, render these jurisdictions of special interest as case-studies in the reception of 'western/liberal' norms and values. Moreover, Israel and Palestine, despite their manifestly different cultures as compared with Britain, have been influenced by the colonial legacy of the common law, rendering this particular east-west comparison of special interest.