Indigenous Legal Judgments

Author : Nicole Watson,Heather Douglas
Publisher : Routledge
Page : 244 pages
File Size : 46,9 Mb
Release : 2021-06-27
Category : History
ISBN : 9781000401240

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Indigenous Legal Judgments by Nicole Watson,Heather Douglas Pdf

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

Author : Kent McNeil
Publisher : UBC Press
Page : 353 pages
File Size : 44,5 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 : P. G. McHugh
Publisher : OUP Oxford
Page : 378 pages
File Size : 42,8 Mb
Release : 2011-08-18
Category : Law
ISBN : 9780191018541

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Aboriginal Title by P. G. McHugh Pdf

Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 53,7 Mb
Release : 2010-03-06
Category : Social Science
ISBN : 9781442698529

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Canada's Indigenous Constitution by John Borrows Pdf

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. 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. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Author : Bradford W. Morse,Gordon R. Woodman
Publisher : Walter de Gruyter GmbH & Co KG
Page : 480 pages
File Size : 51,8 Mb
Release : 2019-11-18
Category : Law
ISBN : 9783110854800

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Indigenous law and the state by Bradford W. Morse,Gordon R. Woodman Pdf

No detailed description available for "Indigenous law and the state".

Author : John Reilly
Publisher : Rocky Mountain Books Ltd
Page : 360 pages
File Size : 42,6 Mb
Release : 2014
Category : Law
ISBN : 9781771600309

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Bad Judgment by John Reilly Pdf

The author, a judge, describes his legal problems after publishing his controversial book "Bad medicine," challenging the government's decision to subsequentially re-assign him.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 54,7 Mb
Release : 2008
Category : Law
ISBN : 9780774855778

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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.

Author : John Reilly
Publisher : Rocky Mountain Books Incorporated
Page : 328 pages
File Size : 40,5 Mb
Release : 2019-09-10
Category : Electronic
ISBN : 1771601965

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Bad Judgment by John Reilly Pdf

Judge John Reilly, now retired, was, at age 30, the youngest jurist ever named to the Provincial Court of Alberta. For most of his 33 years on the bench he was the circuit judge for the Stoney Indian Reserve at Morley, Alberta. During his career he became interested in aboriginal justice. He saw the failure of the "white" legal system to do justice for aboriginal people, the harm caused to them by Canadian colonialism, and the failure of all levels of government, including tribal government, to alleviate their suffering and deal with the conflicting natures of European-style law and indigenous tradition and circumstance. As a result of these realizations, Judge Reilly vowed to improve the delivery of justice to the aboriginal people in his community and used his perceived power as a jurist to make changes to improve the lives of the people in his jurisdiction. Along the way, he came into direct conflict with Canadian judicial administration and various questionable leaders among the echelons of both Canadian and First Nation governments.

Author : John Borrows
Publisher : University of Toronto Press
Page : 326 pages
File Size : 45,6 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516758

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Recovering Canada by John Borrows Pdf

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 : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 49,9 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.

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 46,8 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Author : Robert Hamilton,John Borrows,Brent Mainprize,Ryan Beaton,Joshua Ben David Nichols
Publisher : University of Toronto Press
Page : 385 pages
File Size : 45,8 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.

Author : Nicole Rogers,Michelle Maloney
Publisher : Routledge
Page : 343 pages
File Size : 55,9 Mb
Release : 2017-04-21
Category : Law
ISBN : 9781317210573

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Law as if Earth Really Mattered by Nicole Rogers,Michelle Maloney Pdf

This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 51,6 Mb
Release : 2019-01-01
Category : Law
ISBN : 9781487523558

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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.

Author : Bradford Morse
Publisher : McGill-Queen's Press - MQUP
Page : 935 pages
File Size : 54,6 Mb
Release : 1985-02-15
Category : Social Science
ISBN : 9780773583559

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Aboriginal Peoples and the Law by Bradford Morse Pdf