The Law Of Treaties Between The Crown And Aboriginal Peoples

Author : J. Timothy S. McCabe
Publisher : Unknown
Page : 444 pages
File Size : 50,6 Mb
Release : 2010
Category : Canada
ISBN : 043346111X

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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:

Author : Thomas Isaac,Kristyn Annis
Publisher : Native Law Centre University of Saskatchewan
Page : 73 pages
File Size : 53,5 Mb
Release : 2010
Category : Indians of North America
ISBN : 0888805586

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Treaty Rights in the Historic Treaties of Canada by Thomas Isaac,Kristyn Annis Pdf

"The treaties between the Crown and First Nations are unique and hold a distinct position in Canadian law. The historic treaties in Canada, namely, those treaties entered into by the Crown prior to the era of comprehensive land claims and modern treaties beginning in the late 1970s, represent an important part of the relationship between the Crown and Aboriginal peoples. In this monograph, authors Thomas Isaac and Kristyn Annis examine the legal interpretation of historical treaties in Canada and set out core legal principles from a wide array of case law, generated over decades. They present a straight-forward discussion of the relevance of the historic treaties in modern circumstances, helping the reader to understand:

Author : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 439 pages
File Size : 49,5 Mb
Release : 2017-01-01
Category : Political Science
ISBN : 9781442630215

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The Right Relationship by John Borrows,Michael Coyle Pdf

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

Author : Bradford Morse
Publisher : McGill-Queen's Press - MQUP
Page : 935 pages
File Size : 55,9 Mb
Release : 1985-02-15
Category : Social Science
ISBN : 9780773583559

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Aboriginal Peoples and the Law by Bradford Morse Pdf

Author : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 440 pages
File Size : 46,7 Mb
Release : 2017-03-17
Category : Political Science
ISBN : 9781442630239

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The Right Relationship by John Borrows,Michael Coyle Pdf

The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

Author : James I. Reynolds
Publisher : Purich Publishing
Page : 0 pages
File Size : 52,5 Mb
Release : 2018
Category : LAW
ISBN : 077488021X

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Aboriginal Peoples and the Law by James I. Reynolds Pdf

"Can Canada claim to be a just society for Indigenous peoples? To answer the question, and as part of the process of reparation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, treaties, fiduciary duties, the honour of the Crown, Aboriginal rights and title, the duty to consult, and Indigenous laws. He also discusses key international developments such as the United Nations Declaration on the Rights of Indigenous Peoples. He concludes by considering major questions that need to be resolved, including balancing Aboriginal and non-Aboriginal rights and interests and the benefits and drawbacks of using either litigation or negotiation to resolve Indigenous issues. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society."--Provided by publisher.

Author : J.R. Miller
Publisher : University of Toronto Press
Page : 401 pages
File Size : 51,7 Mb
Release : 2009-05-23
Category : History
ISBN : 9781442692275

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Compact, Contract, Covenant by J.R. Miller Pdf

One of Canada's longest unresolved issues is the historical and present-day failure of the country's governments to recognize treaties made between Aboriginal peoples and the Crown. Compact, Contract, Covenant is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treaty-making. The first historical account of treaty-making in Canada, Miller untangles the complicated threads of treaties, pacts, and arrangements with the Hudson's Bay Company and the Crown, as well as modern treaties to provide a remarkably clear and comprehensive overview of this little-understood and vitally important relationship. Covering everything from pre-contact Aboriginal treaties to contemporary agreements in Nunavut and recent treaties negotiated under the British Columbia Treaty Process, Miller emphasizes both Native and non-Native motivations in negotiating, the impact of treaties on the peoples involved, and the lessons that are relevant to Native-newcomer relations today. Accessible and informative, Compact, Contract, Covenant is a much-needed history of the evolution of treaty-making and will be required reading for decades to come.

Author : J. Timothy S. McCabe
Publisher : Unknown
Page : 299 pages
File Size : 46,5 Mb
Release : 2008
Category : Indians of North America
ISBN : 0433446145

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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.

Author : Christopher McKee
Publisher : UBC Press
Page : 201 pages
File Size : 47,6 Mb
Release : 2009-09-02
Category : Political Science
ISBN : 9780774852517

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Treaty Talks in British Columbia, Third Edition by Christopher McKee Pdf

Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province. Since the second edition of this book was published in 2000, a number of significant developments have occurred: a controversial referendum on treaty mandates was held; the historic Tsawwassen treaty, the first to be signed in the BC treaty process, finally came into effect; and a second treaty was signed with the five Maa-nulth First Nations on the west coast of Vancouver Island. A striking theme running through the narrative is the way in which the provincial government changed the way it approached the negotiations and its relations with First Nations. This updated edition includes a postscript, co-authored with Peter Colenbrander, which provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Treaty Talks in British Columbia is a valuable resource for those interested in Aboriginal issues and the treaty process both in BC and throughout Canada. Succinct, informative, and easy to read, this book brings clarity to a complex and often contentious issue.

Author : Aimée Craft
Publisher : UBC Press
Page : 160 pages
File Size : 50,5 Mb
Release : 2013-03-13
Category : Law
ISBN : 9781895830668

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Breathing Life into the Stone Fort Treaty by Aimée Craft Pdf

In order to interpret and implement a treaty between the Crown and Canada’s First Nations, we must look to its spirit and intent, and consider what was contemplated by the parties at the time the treaty was negotiated, argues Aimée Craft. Using a detailed analysis of Treaty One – today covering what is southern Manitoba – she illustrates how negotiations were defined by Anishinabe laws (inaakonigewin), which included the relationship to the land, the attendance of all jurisdictions’ participants, and the rooting of the treaty relationship in kinship. While the focus of this book is on Treaty One, Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before this, and the principles of interpretation apply equally to all treaties with First Nations.

Author : Terry Fenge,Jim Aldridge
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 54,9 Mb
Release : 2015-11-01
Category : Social Science
ISBN : 9780773597556

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Keeping Promises by Terry Fenge,Jim Aldridge Pdf

In 1763 King George III of Great Britain, victorious in the Seven Years War with France, issued a proclamation to organize the governance of territory newly acquired by the Crown in North America and the Caribbean. The proclamation reserved land west of the Appalachian Mountains for Indians, and required the Crown to purchase Indian land through treaties, negotiated without coercion and in public, before issuing rights to newcomers to use and settle on the land. Marking its 250th anniversary Keeping Promises shows how central the application of the Proclamation is to the many treaties that followed it and the settlement and development of Canada. Promises have been made to Aboriginal peoples in historic treaties from the late eighteenth to the early twentieth centuries in Ontario, the Prairies, and the Mackenzie Valley, and in modern treaties from the 1970s onward, primarily in the North. In this collection, essays by historians, lawyers, treaty negotiators, and Aboriginal leaders explore how and how well these treaties are executed. Addresses by the governor general of Canada and the federal minister of Aboriginal Affairs and Northern Development are also included. In 2003 Aboriginal leaders formed the Land Claims Agreements Coalition to make sure that treaties – building blocks of Canada – are fully implemented. Unique in breadth and scope, Keeping Promises is a testament to the research, advocacy, solidarity, and accomplishments of this coalition and those holding the Crown to its commitments.

Author : Robert Mainville
Publisher : UBC Press
Page : 187 pages
File Size : 48,8 Mb
Release : 2001-04-01
Category : Law
ISBN : 9781895830538

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An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach by Robert Mainville Pdf

A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 49,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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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 : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 52,9 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 : Jamie D. Dickson
Publisher : Purich Publishing
Page : 160 pages
File Size : 41,8 Mb
Release : 2019-01-31
Category : Law
ISBN : 9780774880442

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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.