An Overview Of Aboriginal And Treaty Rights And Compensation For Their Breach

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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.

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

Author : Robert Mainville
Publisher : Purich Publishing
ISBN 13 : 9781895830446
Total Pages : 192 pages
Book Rating : 4.8/5 (34 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 Purich Publishing. This book was released on 2001-04-01 with total page 192 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.

Solemn Words and Foundational Documents

Author : Jean-Pierre Morin
Publisher : University of Toronto Press
ISBN 13 : 1487594453
Total Pages : 281 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Solemn Words and Foundational Documents by : Jean-Pierre Morin

Download or read book Solemn Words and Foundational Documents written by Jean-Pierre Morin and published by University of Toronto Press. This book was released on 2018-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

Treaties with American Indians [3 volumes]

Author : Donald L. Fixico
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1576078817
Total Pages : 1318 pages
Book Rating : 4.5/5 (76 download)

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Book Synopsis Treaties with American Indians [3 volumes] by : Donald L. Fixico

Download or read book Treaties with American Indians [3 volumes] written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2007-12-12 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.

Indian Treaties in the United States

Author : Donald L. Fixico
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 441 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis Indian Treaties in the United States by : Donald L. Fixico

Download or read book Indian Treaties in the United States written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2018-05-03 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887.

Remedies for Human Rights Violations

Author : Kent Roach
Publisher : Cambridge University Press
ISBN 13 : 1108417876
Total Pages : 633 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Remedies for Human Rights Violations by : Kent Roach

Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Let Right Be Done

Author : Hamar Foster
Publisher : UBC Press
ISBN 13 : 0774840110
Total Pages : 353 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Let Right Be Done by : Hamar Foster

Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

Race, Racialization and Antiracism in Canada and Beyond

Author : Genevieve Fuji Johnson
Publisher : University of Toronto Press
ISBN 13 : 144269078X
Total Pages : 272 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Race, Racialization and Antiracism in Canada and Beyond by : Genevieve Fuji Johnson

Download or read book Race, Racialization and Antiracism in Canada and Beyond written by Genevieve Fuji Johnson and published by University of Toronto Press. This book was released on 2007-06-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary volume brings together scholars and activists to examine expressions of racism in contemporary policy areas, including education, labour, immigration, media, and urban planning. While anti-racist struggles during the twentieth century were largely pitched against overt forms of racism (e.g., pogroms, genocide, segregation, apartheid, and 'ethnic cleansing'), it has become increasingly apparent that there are other, less visible, forms of racism. These subtler incarnations are of special interest to the contributors. The intent of Race, Racialization, and Antiracism in Canada and Beyond is to probe systemic forms of racism, as well as to suggest strategies for addressing them. The collection is organized by themes pertinent to political and social expressions of racism in Canada and the wider world, such as the state and its mediation of race, education and the perpetuation of racist marginalization, and the role of the media. The contributors argue that, in order to effectively combat racism, various methodological approaches are required, approaches that are reflective of the diversity of the world we seek to understand.

The Rights of Indigenous Peoples in Marine Areas

Author : Stephen Allen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928650
Total Pages : 565 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rights of Indigenous Peoples in Marine Areas by : Stephen Allen

Download or read book The Rights of Indigenous Peoples in Marine Areas written by Stephen Allen and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.

Aboriginal Law, Fourth Edition

Author : Thomas Isaac
Publisher : UBC Press
ISBN 13 : 1895830656
Total Pages : 448 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis Aboriginal Law, Fourth Edition by : Thomas Isaac

Download or read book Aboriginal Law, Fourth Edition written by Thomas Isaac and published by UBC Press. This book was released on 2012-08-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Spaces In Between

Author : Tim Schouls
Publisher : University of Toronto Press
ISBN 13 : 1487587422
Total Pages : 413 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis The Spaces In Between by : Tim Schouls

Download or read book The Spaces In Between written by Tim Schouls and published by University of Toronto Press. This book was released on 2023-11-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spaces In Between examines prospects for the enhanced practice of Indigenous political sovereignty within the Canadian state. As Indigenous rights include the right to self-determination, the book contends that restored practices of Indigenous sovereignty constitute important steps forward in securing better relationships between Indigenous peoples and the Canadian state. While the Canadian state maintains its position of dominance with respect to the exercise of state sovereignty, Tim Schouls reveals how Indigenous nations are nevertheless carving out and reclaiming areas of significant political power as their own. By means of strategically acquired legal concessions, through hard-fought political negotiations, and sometimes through simple declarations of intent, Indigenous nations have repeatedly compelled the Canadian state to roll back its jurisdiction over them. In doing so, they have enhanced their prospects for political sovereignty within Canada. As such, they now increasingly occupy what Schouls refers to metaphorically as “the spaces in between.” The book asserts that occupation of these jurisdictional “spaces in between” not only goes some distance in meeting the requirements of Indigenous rights but also contributes to Indigenous community autonomy and well-being, enhancing prospects for reconciliation between Indigenous peoples and the Canadian state.

Aboriginal Title and Indigenous Peoples

Author : Louis A. Knafla
Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Aboriginal Peoples and the Law

Author : Jim Reynolds
Publisher : Purich Books
ISBN 13 : 0774880236
Total Pages : 296 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Peoples and the Law by : Jim Reynolds

Download or read book Aboriginal Peoples and the Law written by Jim Reynolds and published by Purich Books. This book was released on 2018-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

From Treaties to Reserves

Author : D.J. Hall
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773597697
Total Pages : 512 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis From Treaties to Reserves by : D.J. Hall

Download or read book From Treaties to Reserves written by D.J. Hall and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though some believe that the Indian treaties of the 1870s achieved a unity of purpose between the Canadian government and First Nations, in From Treaties to Reserves D.J. Hall asserts that - as a result of profound cultural differences - each side interpreted the negotiations differently, leading to conflict and an acute sense of betrayal when neither group accomplished what the other had asked. Hall explores the original intentions behind the government's policies, illustrates their attempts at cooperation, and clarifies their actions. While the government believed that the Aboriginal peoples of what is now southern and central Alberta desired rapid change, the First Nations, in contrast, believed that the government was committed to supporting the preservation of their culture while they adapted to change. Government policies intended to motivate backfired, leading instead to poverty, starvation, and cultural restriction. Many policies were also culturally insensitive, revealing misconceptions of Aboriginal people as lazy and over-dependent on government rations. Yet the first two decades of reserve life still witnessed most First Nations people participating in reserve economies, many of the first generation of reserve-born children graduated from schools with some improved ability to cope with reserve life, and there was also more positive cooperation between government and First Nations people than is commonly acknowledged. The Indian treaties of the 1870s meant very different things to government officials and First Nations. Rethinking the interaction between the two groups, From Treaties to Reserves elucidates the complexities of this relationship.

"Real" Indians and Others

Author : Bonita Lawrence
Publisher : U of Nebraska Press
ISBN 13 : 9780803280373
Total Pages : 332 pages
Book Rating : 4.2/5 (83 download)

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Book Synopsis "Real" Indians and Others by : Bonita Lawrence

Download or read book "Real" Indians and Others written by Bonita Lawrence and published by U of Nebraska Press. This book was released on 2004-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mixed-blood urban Native peoples in Canada are profoundly affected by federal legislation that divides Aboriginal peoples into different legal categories. In this pathfinding book, Bonita Lawrence reveals the ways in which mixed-blood urban Natives understand their identities and struggle to survive in a world that, more often than not, fails to recognize them. In ?Real? Indians and Others Lawrence draws on the first-person accounts of thirty Toronto residents of Native heritage, as well as archival materials, sociological research, and her own urban Native heritage and experiences. She sheds light on the Canadian government?s efforts to define Native identity through the years by means of the Indian Act and shows how residential schooling, the loss of official Indian status, and adoption have affected Native identity. Lawrence looks at how Natives with ?Indian status? react and respond to ?nonstatus? Natives and how federally recognized Native peoples attempt to impose an identity on urban Natives. Drawing on her interviews with urban Natives, she describes the devastating loss of community that has resulted from identity legislation and how urban Native peoples have wrestled with their past and current identities. Lawrence also addresses the future and explores the forms of nation building that can reconcile the differences in experiences and distinct agendas of urban and reserve-based Native communities.

Fractured Homeland

Author : Bonita Lawrence
Publisher : UBC Press
ISBN 13 : 0774822872
Total Pages : 346 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Fractured Homeland by : Bonita Lawrence

Download or read book Fractured Homeland written by Bonita Lawrence and published by UBC Press. This book was released on 2012 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, the Algonquins of Pikwakanagan, the only federally recognized Algonquin reserve in Ontario, launched a comprehensive land claim. The claim drew attention to the reality that two-thirds of Algonquins in Canada have never been recognized as Indian, and have therefore had to struggle to reassert jurisdiction over their traditional lands. Fractured Homeland is Bonita Lawrence's stirring account of the Algonquins' twenty-year struggle for identity and nationhood despite the imposition of a provincial boundary that divided them across two provinces, and the Indian Act, which denied federal recognition to two-thirds of Algonquins. Drawing on interviews with Algonquins across the Ottawa River watershed, Lawrence voices the concerns of federally unrecognized Algonquins in Ontario, whose ancestors survived land theft and the denial of their rights as Algonquins, and whose family histories are reflected in the land. The land claim not only forced many of these people to struggle with questions of identity, it also heightened divisions as those who launched the claim failed to develop a more inclusive vision of Algonquinness. This path-breaking exploration of how a comprehensive claims process can fracture the search for nationhood among First Nations also reveals how federally unrecognized Algonquin managed to hold onto a distinct sense of identity, despite centuries of disruption by settlers and the state.

The SAGE Handbook of Identities

Author : Margaret Wetherell
Publisher : SAGE
ISBN 13 : 1446248372
Total Pages : 561 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis The SAGE Handbook of Identities by : Margaret Wetherell

Download or read book The SAGE Handbook of Identities written by Margaret Wetherell and published by SAGE. This book was released on 2010-03-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overall, its breaking of disciplinary isolation, enhancing of mutual understanding, and laying out of a transdisciplinary platform makes this Handbook a milestone in identity studies. - Sociology Increasingly, identities are the site for interdisciplinary initiatives and identity research is at the heart of many transdisciplinary research centres around the world. No single social science discipline ′owns′ identity research which makes it a difficult topic to categorize. The SAGE Handbook of Identities systematizes this complex field by incorporating its interdisciplinary character to provide a comprehensive overview of its themes in contemporary research while still acknowledging the historical and philosophical significance of the concept of identity. Drawing on a global scholarship the Handbook has four parts: Frameworks: presents the main theoretical and methodological perspectives in identities research. Formations: covers the major formative forces for identities such as culture, globalisation, migratory patterns, biology and so on. Categories: reviews research on the core social categories central to identity such as ethnicity, gender, sexuality, disability and intersections between these. Sites and Context: develops a series of case studies of crucial sites and contexts where identity is at stake such as social movements, relationships, work-places and citizenship.