The Honour Of The Crown And Its Fiduciary Duties To Aboriginal Peoples
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Author : J. Timothy S. McCabe Publisher : Unknown Page : 299 pages File Size : 53,5 Mb Release : 2008 Category : Indians of North America ISBN : 0433446145
The Honour of the Crown and Its Fiduciary Duties to Aboriginal Peoples by J. Timothy S. McCabe Pdf
The Honour of the Crown and its Fiduciary Duties to Aboriginal Peoples is the first and only book to comprehensively present these central doctrines of Aboriginal law. It seeks to systematically order and organize the law as it has been articulated by the Supreme Court and further shaped by other courts, thereby clarifying the interrelations characteristic of the doctrines and providing a sure grasp of their origins, scope and practical effects."--pub. desc.
The Honour and Dishonour of the Crown by Jamie D. Dickson Pdf
In Canada, the fundamentals of law relating to Aboriginal peoples are unclear and Indigenous communities lack appropriate guidance in terms of efficiently accessing the legal system to address breaches of their rights. This is yet another injustice endured by Aboriginal peoples in Canada. However, the Supreme Court of Canada has begun to place greater emphasis on the honour-of-the-Crown principle and less on the paternalistic, complex notion that governments owe a fiduciary duty to Aboriginal peoples. Dickson explores both theoretical and practical implications of this fundamental shift and possible future outcomes.
The Law of Treaties Between the Crown and Aboriginal Peoples by J. Timothy S. McCabe Pdf
"The First and Only Comprehensive Study on Crown-Aboriginal Treaty Law. This highly anticipated text is a follow-up to Aboriginal law expert Timothy McCabe's 2008 book, The Honour of the Crown and its Fiduciary Duties to Aboriginal Peoples. In writing this comprehensive volume, Mr. McCabe brings close to 25 years of experience as counsel for Ontario in Aboriginal law matters, including numerous appearances in appeals and constitutional interventions in the Supreme Court of Canada. Mr. McCabe's study provides authoritative and comprehensive information and insight into the law concerning the treaties between the Aboriginal peoples and the Crown in Canada. This book:
"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. Canada's Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a "good" consultation; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.
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.
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 : Truth and Reconciliation Commission of Canada Publisher : James Lorimer & Company Page : 673 pages File Size : 55,9 Mb Release : 2015-07-22 Category : History ISBN : 9781459410695
Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Aboriginal Law, Fourth Edition by Thomas Isaac Pdf
Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.
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.
Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf
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?
Revisiting the Duty to Consult Aboriginal Peoples by Dwight G. Newman Pdf
Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different discussions. Evolving international legal norms have also come into practice that may have future bearing. Newman offers clarification and approaches to understanding the developing case law at a deeper and more principled level, and suggests possible future directions for the duty to consult in Canadian Aboriginal law.
Author : Truth and Reconciliation Commission of Canada Publisher : Unknown Page : 30 pages File Size : 49,7 Mb Release : 2012 Category : Indians of North America ISBN : 1100199942
Truth and Reconciliation Commission of Canada by Truth and Reconciliation Commission of Canada Pdf
This interim report covers the activities of the Truth and Reconciliation Commission of Canada since the appointment of the current three Commissioners on July 1, 2009. The report summarizes: the activities of the Commissioners, the messages presented to the Commission at hearings and National Events, the activities of the Commission with relation to its mandate, the Commission's interim findings, the Commission's recommendations.
The Expert Panel on Policing in Indigenous Communities
Author : The Expert Panel on Policing in Indigenous Communities Publisher : Council of Canadian Academies Page : 252 pages File Size : 53,6 Mb Release : 2019-04-04 Category : Law ISBN : 9781926522593
Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities by The Expert Panel on Policing in Indigenous Communities Pdf
Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities builds on the CCA’s 2014 policing report, Policing Canada in the 21st Century: New Policing for New Challenges by incorporating the latest research findings and related information available on policing in Indigenous communities. The findings emphasize the diverse considerations that inform Indigenous policing. The approaches to policing considered in this report have broader implications related to well-being in Indigenous communities, and the ways in which Indigenous and non-Indigenous communities can form relationships based on mutual respect. The report aims to provide Indigenous community leaders, policy-makers, and service providers with the foundation to build effective and appropriate models for the future of policing in Indigenous communities.
In the landmark decision of Guerin v. the Queen in 1984, the Supreme Court of Canada confirmed that Canada has a duty to act in the best interests of Aboriginal peoples. This book tells the story of the federal government's breach of that duty toward the Musqueam people, their twenty-six year quest for justice, and the impact of the Court's decision on the development of Aboriginal law and the law of fiduciary obligations. In the 1950s, Indian Affairs concealed the terms of a lease negotiated on behalf of the Musqueam of over one-third of their small reserve to the Shaughnessy Heights Golf Club in Vancouver, BC. The lease contained terms that had not been accepted by the Band members and locked the Band into low rental income for 75 years. It was only because of the diligence and tenacity of the Musqueam that justice was finally achieved in 1984 with the release of Guerin v. the Queen. Against this background, the author discusses what fiduciary obligations are, unresolved issues regarding such obligations, and issues to consider in advancing or defending breach of fiduciary obligation claims. His thorough discussion includes the November 2004 Supreme Court of Canada decisions in Haida and Taku River. He also compares Canadian law with that of the United States, Australia, and New Zealand.
