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Aboriginal Rights And The Constitution
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Book Synopsis The Quest for Justice by : Menno Boldt
Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Book Synopsis The Constitution Act, 1982 by : Canada
Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Amanda Cats-Baril Publisher :International Institute for Democracy and Electoral Assistance (International IDEA) ISBN 13 :9176713245 Total Pages :228 pages Book Rating :4.1/5 (767 download)
Book Synopsis Indigenous Peoples’ Rights in Constitutions Assessment Tool by : Amanda Cats-Baril
Download or read book Indigenous Peoples’ Rights in Constitutions Assessment Tool written by Amanda Cats-Baril and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2020-08-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Book Synopsis Aboriginal Rights are Not Human Rights by : Peter Keith Kulchyski
Download or read book Aboriginal Rights are Not Human Rights written by Peter Keith Kulchyski and published by Arp Books. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An historical overview of aboriginal and treaty rights in Canada with suggestions on ways to transform current policies to better support and invigorate indigenous culters.
Author :Northwest Territories. Ministry of Aboriginal Rights and Constitutional Development Publisher : ISBN 13 : Total Pages :5 pages Book Rating :4.:/5 (72 download)
Book Synopsis Aboriginal Rights and the Constitution by : Northwest Territories. Ministry of Aboriginal Rights and Constitutional Development
Download or read book Aboriginal Rights and the Constitution written by Northwest Territories. Ministry of Aboriginal Rights and Constitutional Development and published by . This book was released on 1983 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indigenous Difference and the Constitution of Canada by : Patrick Macklem
Download or read book Indigenous Difference and the Constitution of Canada written by Patrick Macklem and published by University of Toronto Press. This book was released on 2001-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Book Synopsis Canada's Indigenous Constitution by : John Borrows
Download or read book Canada's Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indigenous Rights by : Anthony J. Connolly
Download or read book Indigenous Rights written by Anthony J. Connolly and published by Routledge. This book was released on 2017-05-15 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.
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.
Book Synopsis The Quest for Justice by : Menno Boldt
Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-12-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of many voices develops more deeply and exhaustively the issues raised in the editors’ earlier volume, Pathways to Self-Determination. It contains some twenty-three papers from representatives of the aboriginal people’s organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763. The contributors represent a broad cross-section of tribal, geographic, and organizational perspectives. They discuss constitutional questions such as land rights, the concerns of Metis, non-status Indians, and Inuit; and native rights in broad contexts – historical, legal/constitutional, political, regional, and international. The issue of aboriginal rights and of what these rights mean in terms of land and sovereignty has become increasingly important on the Canadian political agenda. The constitutional conferences between government and aboriginal peoples have revealed the gulf between what each side means by aboriginal rights: for the Indians these rights are meaningless without sovereign self-government, an idea the federal and provincial governments are not willing to entertain. Somewhere in the middle lies the concept of nationhood status. Ultimately, the aboriginal peoples are asking for justice from the dominant society around them; if it is denied or felt to be denied, the editors conclude, the consequences for the Canadian self-concept would be costly and debilitating. The twenty-four contributors provide a find guide to this profound and complex problem, whose solution depends on our understanding and our political wisdom.
Author :Northwest Territories. Legislative Assembly. Special Committee on Constitutional Development Publisher : ISBN 13 : Total Pages :20 pages Book Rating :4.:/5 (16 download)
Book Synopsis Aboriginal Rights and the Constitution by : Northwest Territories. Legislative Assembly. Special Committee on Constitutional Development
Download or read book Aboriginal Rights and the Constitution written by Northwest Territories. Legislative Assembly. Special Committee on Constitutional Development and published by . This book was released on 1982 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Home and Native Land by : Michael Asch
Download or read book Home and Native Land written by Michael Asch and published by University of Washington Press. This book was released on 1993 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 35 of the Constitution Act expressly acknowledges, for thefirst time, that there are "aboriginal people" and"aboriginal rights." What, then, are the implications forCanada of the inclusion of this section in our constitution? Central tothis question is the definition of aboriginal rights and whether theyinclude such "special" political rights asself-determination. Home and Native Land is divided into twomajor sections. The first focuses on definitions and provides adetailed account of the meaning of the phrase "aboriginalrights" as used by the two main actors: the government and theaboriginal peoples. The second is devoted to the question of politicalrights and the means by which this issue can be resolved.
Book Synopsis Aboriginal Rights and the Constitution by :
Download or read book Aboriginal Rights and the Constitution written by and published by . This book was released on 1982 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis From Recognition to Reconciliation by : Patrick Macklem
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.
Book Synopsis From Recognition to Reconciliation by : Patrick Macklem
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Book Synopsis Indigenous Difference and the Constitution of Canada by : Patrick Macklem
Download or read book Indigenous Difference and the Constitution of Canada written by Patrick Macklem and published by University of Toronto Press. This book was released on 2001-12-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.
Book Synopsis The Extinguishment of Aboriginal Rights and Interests - A Comparative Study of Australian and Canadian Law by : Stefanie M. Bausch
Download or read book The Extinguishment of Aboriginal Rights and Interests - A Comparative Study of Australian and Canadian Law written by Stefanie M. Bausch and published by GRIN Verlag. This book was released on 2004-10-06 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject Law - Miscellaneous, grade: Good, University of South Australia, course: Comparative Native Title: Australia and Canada, language: English, abstract: “Extinguished is a Latin word. Something is inflamed or on fire, and it is put out. Silenced. It means to blot out of existence. To totally do away with; to annihilate, cut off, bring to an end. To kill. The word is related to extinct. That which has ceased to burn or shine. Vanished. Without progressive succession. Having no living representative. There is a vast emptiness.” The forementioned statement is a quote from Leslie Hall Pinder, a lawyer who represented the claimants in the famous Canadian aboriginal land rights case of Delgamuukw v British Columbia . It is part of a speech Pinder delivered to the British Columbia Library Association Annual General Meeting in April 1991 after the judgment of first instance was handed down by Chief Justice McEachern. The quote introduces the reader to extinguishment, especially the extinguishment of aboriginal rights and interests and thus to the topic of this research paper. This essay concentrates on two countries: Australia and Canada, and compares their law in relation to extinguishment of aboriginal rights and interests. First, it examines how these two countries approach the subject. Then, the paper draws a conclusion as to the question of similarities and differences between Australian and Canadian law.
