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Author : Jack Woodward
Publisher : Unknown
Page : 626 pages
File Size : 49,5 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.
Author : Sidney L. Harring
Publisher : University of Toronto Press
Page : 482 pages
File Size : 52,9 Mb
Release : 1998-01-01
Category : Law
ISBN : 0802005039
In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.
Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 52,5 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157
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 : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 43,5 Mb
Release : 2008
Category : Law
ISBN : 9780774855778
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 : Ibironke T. Odumosu-Ayanu,Dwight Newman
Publisher : Routledge
Page : 339 pages
File Size : 40,9 Mb
Release : 2020-12-27
Category : Law
ISBN : 9780429012853
This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.
Author : John Borrows,Larry Chartrand,Oonagh E. Fitzgerald,Risa Schwartz
Publisher : McGill-Queen's Press - MQUP
Page : 256 pages
File Size : 49,5 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 : Judith V. Royster,Michael C. Blumm
Publisher : Unknown
Page : 656 pages
File Size : 45,8 Mb
Release : 2008
Category : Environmental law
ISBN : STANFORD:36105064224293
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.
Author : John Borrows
Publisher : University of Toronto Press
Page : 441 pages
File Size : 41,7 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 : Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor
Publisher : Unknown
Page : 662 pages
File Size : 50,6 Mb
Release : 1971
Category : Indians of North America
ISBN : OCLC:223192327
Author : Bruce Clark
Publisher : McGill-Queen's Press - MQUP
Page : 286 pages
File Size : 44,6 Mb
Release : 1990-10-01
Category : Law
ISBN : 9780773562547
The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 45,7 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:1091204981
Author : Hamar Foster,Heather Raven,Jeremy Webber
Publisher : UBC Press
Page : 353 pages
File Size : 41,8 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774840118
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 : Bob Joseph
Publisher : Indigenous Relations Press
Page : 160 pages
File Size : 42,6 Mb
Release : 2018-04-10
Category : Electronic
ISBN : 0995266522
Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Author : Angelique Townsend EagleWoman,Stacy L. Leeds
Publisher : Unknown
Page : 225 pages
File Size : 41,7 Mb
Release : 2019
Category : Indians of North America
ISBN : 1611638968
This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.
Author : John Borrows
Publisher : University of Toronto Press
Page : 281 pages
File Size : 43,9 Mb
Release : 2010-04-17
Category : Social Science
ISBN : 9781442698536
The Anishinabek Nation's legal traditions are deeply embedded in many aspects of customary life. In Drawing Out Law, John Borrows (Kegedonce) skillfully juxtaposes Canadian legal policy and practice with the more broadly defined Anishinabek perception of law as it applies to community life, nature, and individuals. This innovative work combines fictional and non-fictional elements in a series of connected short stories that symbolize different ways of Anishinabek engagement with the world. Drawing on oral traditions, pictographic scrolls, dreams, common law case analysis, and philosophical reflection, Borrows' narrative explores issues of pressing importance to the future of indigenous law and offers readers new ways to think about the direction of Canadian law. Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances. This is a major work by one of Canada's leading legal scholars, and an essential companion to Canada's Indigenous Constitution.