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Frank Cassidy,Norman Dale,Institute for Research on Public Policy
Author : Frank Cassidy,Norman Dale,Institute for Research on Public Policy Publisher : IRPP Page : 256 pages File Size : 52,7 Mb Release : 1988 Category : Social Science ISBN : 0889820872
After Native Claims? by Frank Cassidy,Norman Dale,Institute for Research on Public Policy Pdf
Study of how a resolution of issues that give rise to and result from comprehensive claims by native peoples might affect the economic, political and environmental dimensions of natural resources-centred activities. The natural resource sectors examined are: fishery, forestry, and non-renewable resources.
This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.
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.
Kent McNeil,University of Saskatchewan. Native Law Centre
Author : Kent McNeil,University of Saskatchewan. Native Law Centre Publisher : Saskatoon : Native Law Centre, University of Saskatchewan Page : 37 pages File Size : 42,9 Mb Release : 1982 Category : Canada ISBN : 0888801181
Native Claims in Rupert's Land and the North-Western Territory by Kent McNeil,University of Saskatchewan. Native Law Centre Pdf
An examination of the nature and extent of the obligation of the Canadian government to settle the aboriginal land claims in Rupert's Land and the North-Western Territory from the orders transferring the land in 1870.
Author : Thomas A. Morehouse Publisher : University of Alaska Press Page : 42 pages File Size : 49,6 Mb Release : 1987 Category : Political Science ISBN : UIUC:30112063774431
Land Claims Agreement Between the Inuit of Labrador and Her Majesty the Queen in Right of Newfoundland and Labrador and Her Majesty the Queen in Right of Canada by Labrador Inuit Association,Canada,Canada. Indian and Northern Affairs Canada Pdf
Provisions of the agreement cover such matters as Inuit eligibility & enrolment, land & non-renewable resources, water management & water rights, ocean management, economic development, projects in the Voisey's Bay area, national parks & protected areas, land use planning, environmental assessment, wildlife & plants, fisheries, archaeology & other cultural resources, place names, self-government, fiscal financing agreements, capital transfers, taxation, dispute resolution, and ratification & implementation of the agreement.
Aboriginal Peoples and Politics by Paul Tennant Pdf
Aboriginal claims remain a controversial but little understood issue in contemporary Canada. British Columbia has been, and remains, the setting for the most intense and persistent demands by Native people, and also for the strongest and most consistent opposition to Native claims by governments and the non-aboriginal public. Land has been the essential question; the Indians have claimed continuing ownership while the province has steadfastly denied the possibility.
Aboriginal Rights Claims and the Making and Remaking of History by Arthur J. Ray Pdf
Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.
Canada. Department of Indian Affairs and Northern Development
Author : Canada. Department of Indian Affairs and Northern Development Publisher : Affaires indiennes et du Nord Canada Page : 82 pages File Size : 45,7 Mb Release : 1982 Category : Algonquians ISBN : UCBK:C025269612
Dossier en Souffrance by Canada. Department of Indian Affairs and Northern Development Pdf
Outlines Canadian government policy on native claims, and enunciates guidelines regarding the basis for specific claims, operation of the claims process and assessment of claims and compensation.
Living Treaties, Lasting Agreements by Canada. Task Force to Review Comprehensive Claims Policy Pdf
Traces the background of aboriginal claims agreements in Canadian history and law and analyses the new constitutional context in which contemporary landclaims policy must be made. Includes sections on self-government and northern political development.
Why do governments choose to negotiate indigenous land claims rather than resolve claims through some other means? In this book Scholtz explores why a government would choose to implement a negotiation policy, where it commits itself to a long-run strategy of negotiation over a number of claims and over a significant course of time. Through an examination strongly grounded in archival research of post-World War Two government decision-making in four established democracies - Australia, Canada, New Zealand, and the United States - Scholtz argues that negotiation policies emerge when indigenous people mobilize politically prior to significant judicial determinations on land rights, and not after judicial change alone. Negotiating Claims links collective action and judicial change to explain the emergence of new policy institutions.
In 1992, the Algonquins of Pikwakanagan, the only federally recognized Algonquin reserve in Ontario, launched a comprehensive land claim. The action not only drew attention to the fact that Canada had acquired Algonquin land without negotiating a treaty, but it also focused attention on the two-thirds of Algonquins who have never been recognized as Indian. Fractured Homeland is Bonita Lawrence’s stirring account of how the claim forced federally unrecognized Algonquin in Ontario to confront both the issue of their own identity and the failure of Algonquin leaders – who launched the claim – to develop a more inclusive vision of nationhood.
This book, the first of its kind, comprehensively explores Native American claims against the United States government over the past two centuries. Despite the federal government's multiple attempts to redress indigenous claims, a close examination reveals that even when compensatory programs were instituted, Native peoples never attained a genuine sense of justice. David E. Wilkins addresses the important question of what one nation owes another when the balance of rights, resources, and responsibilities have been negotiated through treaties. How does the United States assure that guarantees made to tribal nations, whether through a century old treaty or a modern day compact, remain viable and lasting?
Indigenous Peoples' Cultural Property Claims by Karolina Kuprecht Pdf
This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.
