Terms of Coexistence

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Publisher :
ISBN 13 : 9780779854103
Total Pages : 645 pages
Book Rating : 4.8/5 (541 download)

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Book Synopsis Terms of Coexistence by : Sébastien Grammond

Download or read book Terms of Coexistence written by Sébastien Grammond and published by . This book was released on 2013-09 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.

ANNOTATED ABORIGINAL LAW

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Publisher :
ISBN 13 : 9780779871070
Total Pages : pages
Book Rating : 4.8/5 (71 download)

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Book Synopsis ANNOTATED ABORIGINAL LAW by : SHIN. IMAI

Download or read book ANNOTATED ABORIGINAL LAW written by SHIN. IMAI and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Peace and Good Order

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Publisher : McClelland & Stewart
ISBN 13 : 0771048742
Total Pages : 0 pages
Book Rating : 4.7/5 (71 download)

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Book Synopsis Peace and Good Order by : Harold R. Johnson

Download or read book Peace and Good Order written by Harold R. Johnson and published by McClelland & Stewart. This book was released on 2023-08-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Globe and Mail Best Book of the Year An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. Now with brand new Afterword. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.

Recovering Canada

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Publisher : University of Toronto Press
ISBN 13 : 9780802085016
Total Pages : 332 pages
Book Rating : 4.0/5 (85 download)

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Book Synopsis Recovering Canada by : John Borrows

Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2002-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

Indigenous Legal Traditions

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Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Canada's Indigenous Constitution

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Publisher : University of Toronto Press
ISBN 13 : 1442610387
Total Pages : 441 pages
Book Rating : 4.4/5 (426 download)

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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.

Native Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (821 download)

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Book Synopsis Native Law by : Jack Woodward

Download or read book Native Law written by Jack Woodward and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Difference and the Constitution of Canada

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Publisher : University of Toronto Press
ISBN 13 : 9780802080493
Total Pages : 348 pages
Book Rating : 4.0/5 (84 download)

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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.

A History of Law in Canada, Volume One

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Publisher : University of Toronto Press
ISBN 13 : 1487530595
Total Pages : 928 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis A History of Law in Canada, Volume One by : Philip Girard

Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Braiding Legal Orders

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1928096832
Total Pages : 256 pages
Book Rating : 4.9/5 (28 download)

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Book Synopsis Braiding Legal Orders by : John Borrows

Download or read book Braiding Legal Orders written by John Borrows and published by McGill-Queen's Press - MQUP. This book was released on 2023-08-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

Aboriginal Law Handbook

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Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459557775
Total Pages : 329 pages
Book Rating : 4.5/5 (577 download)

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Book Synopsis Aboriginal Law Handbook by : Shin Imai

Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Surviving Canada

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Publisher : Arp Books
ISBN 13 : 9781894037891
Total Pages : 0 pages
Book Rating : 4.0/5 (378 download)

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Book Synopsis Surviving Canada by : Kiera L. Ladner

Download or read book Surviving Canada written by Kiera L. Ladner and published by Arp Books. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Surviving Canada: Indigenous Peoples Celebrate 150 Years of Betrayal is a collection of elegant, thoughtful, and powerful reflections about Indigenous Peoples' complicated, and often frustrating, relationship with Canada, and how-even 150 years after Confederation-the fight for recognition of their treaty and Aboriginal rights continues. Through essays, art, and literature, Surviving Canada examines the struggle for Indigenous Peoples to celebrate their cultures and exercise their right to control their own economic development, lands, water, and lives. The Indian Act, Idle No More, and the legacy of residential schools are just a few of the topics covered by a wide range of elders, scholars, artists, and activists. Contributors include Mary Eberts, Buffy Sainte-Marie, and Leroy Little Bear."--

Creating Indigenous Property

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Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Ghost Dancing with Colonialism

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Publisher : UBC Press
ISBN 13 : 0774818905
Total Pages : 361 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Ghost Dancing with Colonialism by : Grace Li Xiu Woo

Download or read book Ghost Dancing with Colonialism written by Grace Li Xiu Woo and published by UBC Press. This book was released on 2011-09-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.

Canadian Indigenous Peoples and Criminal Jury Trials

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Publisher :
ISBN 13 : 9780433500667
Total Pages : 193 pages
Book Rating : 4.5/5 (6 download)

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Book Synopsis Canadian Indigenous Peoples and Criminal Jury Trials by : Brian Manarin

Download or read book Canadian Indigenous Peoples and Criminal Jury Trials written by Brian Manarin and published by . This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This monograph challenges the present doctrinal and policy positions that are in place in Canada regarding who may serve on a jury and how the petit jury is assembled in the Superior Courts across the land. The presumption that Canadians with criminal antecedents are unsuitable for jury duty is challenged both on the backdrop of history as well as against the present-day reality that one-in-ten of the citizenry is possessed of a criminal record. Additionally, once prospective jurors are summoned to court, the selection methods and "challenge" mechanisms are exposed as functionally ineffective and open to unsettling forms of abuse."--

21 Things You May Not Know about the Indian Act

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Publisher : Indigenous Relations Press
ISBN 13 : 9780995266520
Total Pages : 160 pages
Book Rating : 4.2/5 (665 download)

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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.

Law's Indigenous Ethics

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Publisher : University of Toronto Press
ISBN 13 : 148753115X
Total Pages : 390 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Law's Indigenous Ethics by : John Borrows

Download or read book Law's Indigenous Ethics written by John Borrows and published by University of Toronto Press. This book was released on 2019-05-06 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.