Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada

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Author :
Publisher : University of Regina Press
ISBN 13 : 0889772983
Total Pages : 209 pages
Book Rating : 4.8/5 (897 download)

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Book Synopsis Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada by : Kirk N. Lambrecht

Download or read book Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada written by Kirk N. Lambrecht and published by University of Regina Press. This book was released on 2013 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.

Ask First

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Author :
Publisher :
ISBN 13 : 9780642548429
Total Pages : 22 pages
Book Rating : 4.5/5 (484 download)

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Book Synopsis Ask First by : Australian Government - Department of the Environment & Heritage - Environment Australia

Download or read book Ask First written by Australian Government - Department of the Environment & Heritage - Environment Australia and published by . This book was released on 2002 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.

Canada: The State of the Federation, 2013

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1553394488
Total Pages : 339 pages
Book Rating : 4.5/5 (533 download)

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Book Synopsis Canada: The State of the Federation, 2013 by : Martin Papillon

Download or read book Canada: The State of the Federation, 2013 written by Martin Papillon and published by McGill-Queen's Press - MQUP. This book was released on 2016-03-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally associated with the federal government, Aboriginal policy has arguably become a far more complex reality. With or without formal self-government, Aboriginal communities and nations are increasingly assertive in establishing their own authority in areas as diverse as education, land management, the administration of justice, family and social services, and housing. The 2013 State of the Federation volume gathers experts and practitioners to discuss the contemporary dynamics, patterns, and challenges of Aboriginal multilevel governance in a wide range of policy areas. Recent court decisions on Aboriginal rights, notably on the duty to consult, have forced provincial and territorial governments to develop more sustained relationships with Aboriginal organizations and governments, especially in the management of lands and resources. Showing that Aboriginal governance is, more than ever, a multilevel reality, contributors address questions such as: What are the challenges in negotiating and implementing these bilateral and trilateral governance agreements? Are these governance arrangements conducive to real and sustained Aboriginal participation in the policy process? Finally, what are the implications of these various developments for Canadian federalism and for the rights and status of Aboriginal peoples in relation to the Canadian federation?

Ajax Mine Project

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Publisher : Canadian Environmental Assessment Agency
ISBN 13 : 0660092352
Total Pages : 459 pages
Book Rating : 4.6/5 (6 download)

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Book Synopsis Ajax Mine Project by : No named author

Download or read book Ajax Mine Project written by No named author and published by Canadian Environmental Assessment Agency. This book was released on 2017-08-01 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executive Summary KGHM Ajax Mining Inc. proposes to construct, operate and decommission an open pit copper and gold mine adjacent to the southern limits of the City of Kamloops in British Columbia. The Ajax Mine Project would process up to 65,000 tonnes of ore per day over an operating mine life of up to 23 years. The Ajax Mine Project would have a footprint of approximately 1,700 hectares and would include an open pit, ore processing plant, tailings storage facility, mine rock storage facilities, and water and waste management systems. It would also include upgrades to an existing water intake on Kamloops Lake, a new 16 kilometre water line to transport water to the mine site, and a new 5.3 kilometre natural gas pipeline connecting with the Fortis pipeline near the community of Knutsford. A new 9 kilometre, 230 kilovolt transmission line would tie in with an existing BC Hydro power line near Knutsford to supply electricity to the Ajax Mine Project. The Inks Lake Interchange would be upgraded to provide direct access to the mine site from Highway 5 (Coquihalla Highway). The Ajax Mine Project was subject to review under both federal and provincial environmental assessment legislation, and a coordinated environmental assessment was carried out by the Canadian Environmental Assessment Agency (the Agency) and the BC Environmental Assessment Office (EAO). The Agency and EAO prepared a joint federal Comprehensive Study/provincial Assessment Report that meets the requirements of both the Canadian Environmental Assessment Act and British Columbia’s Environmental Assessment Act, and which will inform separate environmental assessment decisions on the Ajax Mine Project by federal and provincial ministers.

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary

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Author :
Publisher : James Lorimer & Company
ISBN 13 : 1459410696
Total Pages : 673 pages
Book Rating : 4.4/5 (594 download)

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Book Synopsis Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by : Truth and Reconciliation Commission of Canada

Download or read book Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Federal Law Reports

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Author :
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Federal Law Reports by :

Download or read book The Federal Law Reports written by and published by . This book was released on 2001 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Yatdjuligin

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Publisher : Cambridge University Press
ISBN 13 : 1108897827
Total Pages : 409 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Yatdjuligin by : Odette Best

Download or read book Yatdjuligin written by Odette Best and published by Cambridge University Press. This book was released on 2021-08-25 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yatdjuligin: Aboriginal and Torres Strait Islander Nursing and Midwifery Care introduces students to the fundamentals of health care of Indigenous Australians, encompassing the perspectives of both the client and the health practitioner. Written for all nurses and midwives, this book addresses the relationship between Aboriginal and Torres Strait Islander cultures and mainstream health services and introduces readers to practice and research in a variety of healthcare contexts. This new edition has been fully updated to reflect current research and documentation, with an emphasis on cultural safety. Three new chapters cover Torres Strait Islander health and wellbeing, social and emotional wellbeing in mainstream mental health services and quantitative research. Chapter content is complemented by case study scenarios, author reflections and reflection questions. These features illustrate historical and contemporary challenges, encourage students to reflect on their own attitudes and values, and provide strategies to deliver quality, person-centred health care.

Indigenous Rights in the Modern Era

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Author :
Publisher : BRILL
ISBN 13 : 9004545662
Total Pages : 467 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Indigenous Rights in the Modern Era by : Bertus de Villiers

Download or read book Indigenous Rights in the Modern Era written by Bertus de Villiers and published by BRILL. This book was released on 2023-06-26 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.

Digging It Up Down Under

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 0387352635
Total Pages : 352 pages
Book Rating : 4.3/5 (873 download)

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Book Synopsis Digging It Up Down Under by : Claire Smith

Download or read book Digging It Up Down Under written by Claire Smith and published by Springer Science & Business Media. This book was released on 2007-03-14 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This field manual provides essential background information for those interested in undertaking archaeology in Australia. Professional archaeologists provide their personal tips for working in each state and territory, dealing with a living heritage, working with Aboriginal peoples, and coping with Australian conditions. Grounded in the social, political and ethical issues that inform Australian archaeology today, this book is also packed with practical advice.

Indigenous Rights and Water Resource Management

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Author :
Publisher : Routledge
ISBN 13 : 1351239805
Total Pages : 260 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Indigenous Rights and Water Resource Management by : Katie O'Bryan

Download or read book Indigenous Rights and Water Resource Management written by Katie O'Bryan and published by Routledge. This book was released on 2018-10-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

Working with and for Ancestors

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Publisher : Routledge
ISBN 13 : 1000245799
Total Pages : 318 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Working with and for Ancestors by : Chelsea H. Meloche

Download or read book Working with and for Ancestors written by Chelsea H. Meloche and published by Routledge. This book was released on 2020-11-29 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working with and for Ancestors examines collaborative partnerships that have developed around the study and care of Indigenous ancestral human remains. In the interest of reconciliation, museums and research institutions around the world have begun to actively seek input and direction from Indigenous descendants in establishing collections care and research policies. However, true collaboration is difficult, time-consuming, and sometimes awkward. By presenting examples of projects involving ancestral remains that are successfully engaged in collaboration, the book provides encouragement for scientists and descendant communities alike to have open and respectful discussions around the research and care of ancestral human remains. Key themes for discussion include new approaches to the care for ancestors; the development of culturally sensitive museum policies; the emergence of mutually beneficial research partnerships; and emerging issues such as those of intellectual property, digital data, and alternatives to destructive analyses. Critical discussions by leading scholars also identify the remaining challenges in the repatriation process and offer a means to continue moving forward. This volume will appeal to a broad, interdisciplinary audience interested in collaborative research and management strategies that are aimed at developing mutually beneficial relationships between researchers and descendant communities. This includes students and researchers in archaeology, anthropology, museums studies, and Indigenous communities.

The Prior Consultation of Indigenous Peoples in Latin America

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Author :
Publisher : Routledge
ISBN 13 : 1351042084
Total Pages : 243 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Prior Consultation of Indigenous Peoples in Latin America by : Claire Wright

Download or read book The Prior Consultation of Indigenous Peoples in Latin America written by Claire Wright and published by Routledge. This book was released on 2019-08-16 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).

Wild Articulations

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Publisher : University of Hawaii Press
ISBN 13 : 082487319X
Total Pages : 289 pages
Book Rating : 4.8/5 (248 download)

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Book Synopsis Wild Articulations by : Timothy Neale

Download or read book Wild Articulations written by Timothy Neale and published by University of Hawaii Press. This book was released on 2017-07-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the nineteenth-century expeditions, Northern Australia has been both a fascination and concern to the administrators of settler governance in Australia. With Southeast Asia and Melanesia as neighbors, the region's expansive and relatively undeveloped tropical savanna lands are alternately framed as a market opportunity, an ecological prize, a threat to national sovereignty, and a social welfare problem. Over the last several decades, while developers have eagerly promoted the mineral and agricultural potential of its monsoonal catchments, conservationists speak of these same sites as rare biodiverse habitats, and settler governments focus on the “social dysfunction” of its Indigenous communities. Meanwhile, across the north, Indigenous people have sought to wrest greater equity in the management of their lives and the use of their country. In Wild Articulations, Timothy Neale examines environmentalism, indigeneity, and development in Northern Australia through the controversy surrounding the Wild Rivers Act 2005 (Qld) in Cape York Peninsula, an event that drew together a diverse cast of actors—traditional owners, prime ministers, politicians, environmentalists, mining companies, the late Steve Irwin, crocodiles, and river systems—to contest the future of the north. With a population of fewer than 18,000 people spread over a landmass of over 50,000 square miles, Cape York Peninsula remains a “frontier” in many senses. Long constructed as a wild space—whether as terra nullius, a zone of legal exception, or a biodiverse wilderness region in need of conservation—Australia’s north has seen two fundamental political changes over the past two decades. The first is the legal recognition of Indigenous land rights, reaching over a majority of its area. The second is that the region has been the center of national debates regarding the market integration and social normalization of Indigenous people, attracting the attention of federal and state governments and becoming a site for intensive neoliberal reforms. Drawing connections with other settler colonial nations such as Canada and Aotearoa New Zealand, Wild Articulations examines how indigenous lands continue to be imagined and governed as “wild.”

The UN Declaration on the Rights of Indigenous Peoples

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191653993
Total Pages : 731 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The UN Declaration on the Rights of Indigenous Peoples by : Jessie Hohmann

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018-03-23 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Indigenous Knowledge Systems and Yurlendj-nganjin

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527571629
Total Pages : 421 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Indigenous Knowledge Systems and Yurlendj-nganjin by : David Jones

Download or read book Indigenous Knowledge Systems and Yurlendj-nganjin written by David Jones and published by Cambridge Scholars Publishing. This book was released on 2021-06-29 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a global context, understanding and engaging with Indigenous Peoples and understanding their contemporary values is becoming increasingly relevant. This book offers a major insight into Australian Indigenous Peoples’ perspectives on the built environment. Enriched with thoughtful Indigenous voices from across Australia, echoed with several pre-eminent non-Indigenous practitioner voices, the book discusses the value of Indigenous Knowledge Systems in the Australian built environment and landscapes. It provides their perspective of wanting to share, of wanting to be heard, and of wishing to journey into our future landscapes and environments sympathetically and sustainably; of wanting to mutually share this journey respectfully to the betterment of humanity and these landscapes. A major resource for all academics, students and practitioners in the built environment sector, internationally, and not just in Australia, the book embodies issues confronting Indigenous Peoples and their communities, and their concerns about the future of their custodial landscapes. The book’s national significance has already been identified by the Australian Institute of Landscape Architects (AILA) through its inclusion in their ‘Connection to Country: Case Studies’.

Land, Indigenous Peoples and Conflict

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Author :
Publisher : Routledge
ISBN 13 : 1317537548
Total Pages : 251 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Land, Indigenous Peoples and Conflict by : Alan C. Tidwell

Download or read book Land, Indigenous Peoples and Conflict written by Alan C. Tidwell and published by Routledge. This book was released on 2015-10-05 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Justice, Indigenous Peoples, and Canada

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Author :
Publisher : Taylor & Francis
ISBN 13 : 0429665156
Total Pages : 263 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Justice, Indigenous Peoples, and Canada by : Kathryn M. Campbell

Download or read book Justice, Indigenous Peoples, and Canada written by Kathryn M. Campbell and published by Taylor & Francis. This book was released on 2023-12-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.