A Treaty With The Aborigines

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An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Author : Robert Mainville
Publisher : UBC Press
ISBN 13 : 1895830532
Total Pages : 187 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach by : Robert Mainville

Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Treaty and Statehood

Author : Michael Mansell
Publisher :
ISBN 13 : 9781760020835
Total Pages : 301 pages
Book Rating : 4.0/5 (28 download)

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Book Synopsis Treaty and Statehood by : Michael Mansell

Download or read book Treaty and Statehood written by Michael Mansell and published by . This book was released on 2016 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: If governments of Australia agreed to share power with Aboriginal people, what would the result be? And if Australia was to have a settlement or a treaty with Aboriginal and Torres Strait Islanders, what would a treaty deal with and how would a treaty affect the general public? Is there anything beyond a treaty?Treaty and Statehood: Aboriginal Self-determination, by Aboriginal author Michael Mansell, answers these questions and more. Mansell examines the New Zealand model of designated Māori seats and applies the idea to comprise 12 Indigenous Senators in Australia. He argues designated seats and a treaty are constitutionally permissible, and details the possible content for a treaty. He discusses the meaning of self-determination and its limitations, and also thoroughly reviews Aboriginal sovereignty and its function in a modern Australia.The book critically examines the legality of designated seats, treaty, sharing of power and autonomous communities. The legal examination is broken down into easy-to-understand language. Ultimately, Mansell looks at whether justice can best be served to Aboriginal people through a new State of Australia.This new idea of a seventh State - or First State for the First peoples, as the author prefers - is constitutionally legal. Its practicality is also critically examined, including the rights each Aboriginal community or 'nation' would have under statehood.This is a book that answers our query about what reconciliation ultimately means and how it can be achieved."His strongly expressed opinions are always sincere and soundly argued: they may appear at first provocative or over-idealistic, but just wait; in years to come they are likely to be seen as a prescient articulation of a way forward for securing the dignity of our first Australians." - Geoffrey Robertson QC, from the ForewordIn the media...An Indigenous seventh state: a radical idea from a constitutional conservative, Stan Grant, ABC News, 3 Jun 2017 Read article...New book examines 'justice', Jillian Mundy, The Koori Mail, 25 January 2017 Read article...Aboriginal lawyer and activist Michael Mansell has written a new book, Holly Monery, The Examiner, 28 December 2016 Read article...Mansell draws new boundaries for Aboriginal state, Wendy Caccetta, National Indigenous Times, 21 December 2016 Read article...Treaty's benefits, Opinion Letter by Michael Mansell, The Australian, 19 December 2016 Read letter...Indigenous spending to double, warns Michael Mansell, Stephen Fitzpatrick, The Australian, 16 December 2016 Read article...Michael Mansell on Sky News, The Bolt Report with Andrew Bolt, 15 December 2016 Listen to interview...Australia should create seventh state run by Indigenous people, lawyer Michael Mansell says, Dan Conifer, ABC News, 14 December 2016 Read article...

Compact, Contract, Covenant

Author : James Rodger Miller
Publisher : University of Toronto Press
ISBN 13 : 0802097413
Total Pages : 401 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Compact, Contract, Covenant by : James Rodger Miller

Download or read book Compact, Contract, Covenant written by James Rodger Miller and published by University of Toronto Press. This book was released on 2009-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compact, Contract, Covenant" is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treating-making.

What Good Condition?

Author : Peter Read
Publisher : ANU E Press
ISBN 13 : 1920942912
Total Pages : 252 pages
Book Rating : 4.9/5 (29 download)

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Book Synopsis What Good Condition? by : Peter Read

Download or read book What Good Condition? written by Peter Read and published by ANU E Press. This book was released on 2006-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.

Aboriginal and Treaty Rights in Canada

Author : Michael Asch
Publisher : UBC Press
ISBN 13 : 0774842334
Total Pages : 303 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal and Treaty Rights in Canada by : Michael Asch

Download or read book Aboriginal and Treaty Rights in Canada written by Michael Asch and published by UBC Press. This book was released on 2011-11-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

Treaty

Author : Williams George
Publisher :
ISBN 13 : 9781760022396
Total Pages : pages
Book Rating : 4.0/5 (223 download)

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Book Synopsis Treaty by : Williams George

Download or read book Treaty written by Williams George and published by . This book was released on 2020-06-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right Relationship

Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1442630213
Total Pages : 439 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis The Right Relationship by : John Borrows

Download or read book The Right Relationship written by John Borrows and published by University of Toronto Press. This book was released on 2017-01-01 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Honour Among Nations?

Author : Marcia Langton
Publisher : Academic Monographs
ISBN 13 : 0522851061
Total Pages : 370 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis Honour Among Nations? by : Marcia Langton

Download or read book Honour Among Nations? written by Marcia Langton and published by Academic Monographs. This book was released on 2004 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.

On Being Here to Stay

Author : Michael Asch
Publisher : University of Toronto Press
ISBN 13 : 1442669845
Total Pages : 232 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis On Being Here to Stay by : Michael Asch

Download or read book On Being Here to Stay written by Michael Asch and published by University of Toronto Press. This book was released on 2014-02-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

From Treaty Peoples to Treaty Nation

Author : Greg Poelzer
Publisher : UBC Press
ISBN 13 : 0774827564
Total Pages : 367 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis From Treaty Peoples to Treaty Nation by : Greg Poelzer

Download or read book From Treaty Peoples to Treaty Nation written by Greg Poelzer and published by UBC Press. This book was released on 2015-07-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is a country founded on relationships and agreements between Indigenous peoples and newcomers. Although recent court cases have upheld Aboriginal title rights, the cooperative spirit of the treaties is being lost as Canadians engage in endless arguments about First Nations “issues.” Each new court decision adds fuel to the debate raging between those who want to see an end to special Aboriginal rights and those who demand a return to Aboriginal sovereignty. Greg Poelzer and Ken Coates breathe new life into these debates by looking at approaches that have failed and succeeded in the past and offering all Canadians – from policy makers to concerned citizens – realistic steps forward. Rather than getting bogged down in debates on Aboriginal rights, they highlight Aboriginal success stories and redirect the conversation to a place of common ground. Upholding equality of economic opportunity as a guiding principle, they argue that the road ahead is clear: if all Canadians take up their responsibilities as treaty peoples, Canada will become a leader among treaty nations.

Breathing Life into the Stone Fort Treaty

Author : Aimée Craft
Publisher : UBC Press
ISBN 13 : 1895830664
Total Pages : 161 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis Breathing Life into the Stone Fort Treaty by : Aimée Craft

Download or read book Breathing Life into the Stone Fort Treaty written by Aimée Craft and published by UBC Press. This book was released on 2013-03-13 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Treaty with the Aborigines?

Author : Dr. Ken Baker
Publisher :
ISBN 13 : 9780909536121
Total Pages : 50 pages
Book Rating : 4.5/5 (361 download)

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Book Synopsis A Treaty with the Aborigines? by : Dr. Ken Baker

Download or read book A Treaty with the Aborigines? written by Dr. Ken Baker and published by . This book was released on 1988 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Empire and the Making of Native Title

Author : Bain Attwood
Publisher : Cambridge University Press
ISBN 13 : 1108478298
Total Pages : 457 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Empire and the Making of Native Title by : Bain Attwood

Download or read book Empire and the Making of Native Title written by Bain Attwood and published by Cambridge University Press. This book was released on 2020-07-16 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

The True Spirit and Original Intent of Treaty 7

Author : Walter Hildebrandt
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773515222
Total Pages : 436 pages
Book Rating : 4.5/5 (152 download)

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Book Synopsis The True Spirit and Original Intent of Treaty 7 by : Walter Hildebrandt

Download or read book The True Spirit and Original Intent of Treaty 7 written by Walter Hildebrandt and published by McGill-Queen's Press - MQUP. This book was released on 1996 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.

Settling with Indigenous People

Author : Marcia Langton
Publisher : Federation Press
ISBN 13 : 9781862876187
Total Pages : 324 pages
Book Rating : 4.8/5 (761 download)

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Book Synopsis Settling with Indigenous People by : Marcia Langton

Download or read book Settling with Indigenous People written by Marcia Langton and published by Federation Press. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.The discussion addresses:governance and leadershipnegotiation strategies, including the role of formal negotiating frameworksthe importance of process and outcomethe crucial impact of politics and timingthe significance of private sector engagementimplementation mechanismsThe chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.

A Treaty for Aborigines

Author : Judy Enoch
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (92 download)

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Book Synopsis A Treaty for Aborigines by : Judy Enoch

Download or read book A Treaty for Aborigines written by Judy Enoch and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty; Makarrata; compact; Constitutional change.

Treaty

Author : Australian Institute of Aboriginal and Torres Strait Islander Studies
Publisher :
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Treaty by : Australian Institute of Aboriginal and Torres Strait Islander Studies

Download or read book Treaty written by Australian Institute of Aboriginal and Torres Strait Islander Studies and published by . This book was released on 2003 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively collection of essays from the Aboriginal and Torres Strait Islander Commission's treaty think tank and authors commissioned by the Australian Institute of Aboriginal and Torres Strait Islander Studies was written to stimulate discussion and debate about a treaty. The publication reflects the complexity of the issues needing to be resolved on the road to a treaty and emanates from a reconciliation convention attended by Aboriginal leaders in Melbourne in May 2000. In the past three years promotional material has been widely distributed, workshops held and public lectures and forums convened. The campaign is ongoing, and governments, industry, schools, universities and others have had the chance to engage and contribute. Subjects covered include: sovereignty; constitutional law; relevance of a treaty in the Torres Strait; perspectives from Indigenous youth; and concepts of citizenry and identity.