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Beyond The Indian Act
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Book Synopsis Beyond the Indian Act by : Tom Flanagan
Download or read book Beyond the Indian Act written by Tom Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2010-02-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Book Synopsis Beyond Blood by : Pamela D. Palmater
Download or read book Beyond Blood written by Pamela D. Palmater and published by UBC Press. This book was released on 2011-05-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Book Synopsis 21 Things You May Not Know about the Indian Act by : Bob Joseph
Download or read book 21 Things You May Not Know about the Indian Act written by Bob Joseph and published by Indigenous Relations Press. This book was released on 2018-04-10 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Book Synopsis Talking Back to the Indian Act by : Mary-Ellen Kelm
Download or read book Talking Back to the Indian Act written by Mary-Ellen Kelm and published by University of Toronto Press. This book was released on 2018-01-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talking Back to the Indian Act is a comprehensive "how-to" guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada's relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading. Through an analysis of thirty-five sources pertaining to the Indian Act--addressing governance, gender, enfranchisement, and land--the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.
Book Synopsis Beyond the Indian Act by : Tom Flanagan
Download or read book Beyond the Indian Act written by Tom Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2010 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Answers the question: Should Canada's First Nations have full ownership of reservation lands?
Book Synopsis First Nations? Second Thoughts, Second Edition by : Tom Flanagan
Download or read book First Nations? Second Thoughts, Second Edition written by Tom Flanagan and published by McGill-Queen's Press - MQUP. This book was released on 2008-09-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples.
Book Synopsis Early California Laws and Policies Related to California Indians by : Kimberly Johnston-Dodds
Download or read book Early California Laws and Policies Related to California Indians written by Kimberly Johnston-Dodds and published by California Research Bureau. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Book Synopsis Men, Masculinity, and the Indian Act by : Martin J. Cannon
Download or read book Men, Masculinity, and the Indian Act written by Martin J. Cannon and published by UBC Press. This book was released on 2019-09-15 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada’s Indian Act is infamously sexist. Many iterations of the legislation conferred a woman’s status rights through marriage, and even once it was amended First Nations women could not necessarily pass their status on to their descendants. What has that injustice meant for First Nations men? Martin J. Cannon challenges a decades-long assumption that the act has affected Indigenous people as either “women” or “Indians” – but not both. He argues that sexism and racialization within the law must instead be understood as interlocking forms of discrimination that disrupt gender complementarity and undercut the identities of Indigenous men through their female forebears.
Author :Richard H. Bartlett Publisher :[Saskatoon] : University of Saskatchewan, Native Law Centre ISBN 13 : Total Pages :52 pages Book Rating :4.:/5 (31 download)
Book Synopsis The Indian Act of Canada by : Richard H. Bartlett
Download or read book The Indian Act of Canada written by Richard H. Bartlett and published by [Saskatoon] : University of Saskatchewan, Native Law Centre. This book was released on 1980 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses historical and legal aspects of the Indian Act. Examines administration, provincial jurisdiction and federal policy toward Indians.
Book Synopsis Defend the Sacred by : Michael D. McNally
Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Download or read book Native Acts written by Joanne Barker and published by Duke University Press. This book was released on 2011-09-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exciting series combining a strong teenage appeal with a clear structural syllabus.
Book Synopsis From Where I Stand by : Jody Wilson-Raybould
Download or read book From Where I Stand written by Jody Wilson-Raybould and published by Purich Books. This book was released on 2019-09-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance.
Book Synopsis Jefferson and the Indians by : Anthony F. C. Wallace
Download or read book Jefferson and the Indians written by Anthony F. C. Wallace and published by Harvard University Press. This book was released on 2009-06-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Thomas Jefferson's time, white Americans were bedeviled by a moral dilemma unyielding to reason and sentiment: what to do about the presence of black slaves and free Indians. That Jefferson himself was caught between his own soaring rhetoric and private behavior toward blacks has long been known. But the tortured duality of his attitude toward Indians is only now being unearthed. In this landmark history, Anthony Wallace takes us on a tour of discovery to unexplored regions of Jefferson's mind. There, the bookish Enlightenment scholar--collector of Indian vocabularies, excavator of ancient burial mounds, chronicler of the eloquence of America's native peoples, and mourner of their tragic fate--sits uncomfortably close to Jefferson the imperialist and architect of Indian removal. Impelled by the necessity of expanding his agrarian republic, he became adept at putting a philosophical gloss on his policy of encroachment, threats of war, and forced land cessions--a policy that led, eventually, to cultural genocide. In this compelling narrative, we see how Jefferson's close relationships with frontier fighters and Indian agents, land speculators and intrepid explorers, European travelers, missionary scholars, and the chiefs of many Indian nations all complicated his views of the rights and claims of the first Americans. Lavishly illustrated with scenes and portraits from the period, Jefferson and the Indians adds a troubled dimension to one of the most enigmatic figures of American history, and to one of its most shameful legacies.
Book Synopsis Facing the Future by : Matthew L. M. Fletcher
Download or read book Facing the Future written by Matthew L. M. Fletcher and published by American Indian Studies. This book was released on 2009 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." The history of the Act is a tangle of legal, social, and emotional complications. This collection brings together for the first time a multidisciplinary assessment of the law — with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.
Book Synopsis The Heartbeat of Wounded Knee by : David Treuer
Download or read book The Heartbeat of Wounded Knee written by David Treuer and published by Penguin. This book was released on 2019-01-22 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: FINALIST FOR THE 2019 NATIONAL BOOK AWARD LONGLISTED FOR THE 2020 ANDREW CARNEGIE MEDAL FOR EXCELLENCE A NEW YORK TIMES BESTSELLER Named a best book of 2019 by The New York Times, TIME, The Washington Post, NPR, Hudson Booksellers, The New York Public Library, The Dallas Morning News, and Library Journal. "Chapter after chapter, it's like one shattered myth after another." - NPR "An informed, moving and kaleidoscopic portrait... Treuer's powerful book suggests the need for soul-searching about the meanings of American history and the stories we tell ourselves about this nation's past.." - New York Times Book Review, front page A sweeping history—and counter-narrative—of Native American life from the Wounded Knee massacre to the present. The received idea of Native American history—as promulgated by books like Dee Brown's mega-bestselling 1970 Bury My Heart at Wounded Knee—has been that American Indian history essentially ended with the 1890 massacre at Wounded Knee. Not only did one hundred fifty Sioux die at the hands of the U. S. Cavalry, the sense was, but Native civilization did as well. Growing up Ojibwe on a reservation in Minnesota, training as an anthropologist, and researching Native life past and present for his nonfiction and novels, David Treuer has uncovered a different narrative. Because they did not disappear—and not despite but rather because of their intense struggles to preserve their language, their traditions, their families, and their very existence—the story of American Indians since the end of the nineteenth century to the present is one of unprecedented resourcefulness and reinvention. In The Heartbeat of Wounded Knee, Treuer melds history with reportage and memoir. Tracing the tribes' distinctive cultures from first contact, he explores how the depredations of each era spawned new modes of survival. The devastating seizures of land gave rise to increasingly sophisticated legal and political maneuvering that put the lie to the myth that Indians don't know or care about property. The forced assimilation of their children at government-run boarding schools incubated a unifying Native identity. Conscription in the US military and the pull of urban life brought Indians into the mainstream and modern times, even as it steered the emerging shape of self-rule and spawned a new generation of resistance. The Heartbeat of Wounded Knee is the essential, intimate story of a resilient people in a transformative era.
Book Synopsis Tribal Constitutionalism by : Kirsty Gover
Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Book Synopsis America's Constitution by : Akhil Reed Amar
Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
