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Native Liberty Crown Sovereignty
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Book Synopsis Native Liberty, Crown Sovereignty by : Bruce Clark
Download or read book Native Liberty, Crown Sovereignty written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1990-10-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
Book Synopsis Native Liberty, Crown Sovereignty by : Bruce A. Clark
Download or read book Native Liberty, Crown Sovereignty written by Bruce A. Clark and published by McGill-Queen's Press - MQUP. This book was released on 1990 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirteen essays explore some 500 years of literacy campaigns in vastly different societies: Reformation Germany, early modern Sweden and Scotland, 19th century US, 19th-20th century Russia and the Soviet Union, pre-revolutionary and revolutionary China, and a variety of Third World countries. The 1763 Royal Proclamation forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark, a lawyer specializing in aboriginal rights, contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives. He also explores the difficulties of aboriginal self-government in the constitution and offers some advice to government and aboriginal negotiators. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Justice in Paradise by : Bruce Clark
Download or read book Justice in Paradise written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1999-10-19 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A jurisprudential adventure story, Justice in Paradise recounts how a commitment to Native rights and an extraordinary passion for the rule of law have determined the course of Clark's life. From a childhood in an Indian residential school, to the defense of aboriginal rights before the World Court, to being disbarred, Bruce Clark's struggle has led him to a fight against the justice system itself. Justice in Paradise explains the legal and philosophical position behind Clark's opposition to the Indian rights industry. He argues that the North American legal system causes the genocide of those indigenous peoples who embrace traditional religion and identity and accuses those who administer it with chicanery and abandoning the rule of law. Smeared in the media for his beliefs and attacked from the bench - he has been called "a disgrace to the bar" by the Chief Justice of Canada's Supreme Court - his book Native Liberty, Crown Sovereignty has been hailed as "the most important and meticulous recent study of native rights in common law" (Canadian Journal of Political Science). Clark turned his back on a comfortable lawyer's life to defend the rule of law and Native rights. He moved with his family to Indian reservations and then to squats while he argued his case before the World Court in Europe. Now, no longer able to practice law, he has been adopted by the Mohicans and together they are fighting for Liberty Island and the Hudson River drainage basin. In his extraordinary memoir, Justice in Paradise, Bruce Clark - hero to some, extremist to others - details the battles of a renegade's life.
Book Synopsis Bounty and Benevolence by : Arthur J. Ray
Download or read book Bounty and Benevolence written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bounty and Benevolence draws on a wide range of documentary sources to provide a rich and complex interpretation of the process that led to these historic agreements. The authors explain the changing economic and political realities of western Canada during the nineteenth and early twentieth centuries and show how the Saskatchewan treaties were shaped by long-standing diplomatic and economic understandings between First Nations and the Hudson's Bay Company. Bounty and Benevolence also illustrates how these same forces created some of the misunderstandings and disputes that arose between the First Nations and government officials regarding the interpretation and implementation of the accords.
Book Synopsis Native American Sovereignty by : John R. Wunder
Download or read book Native American Sovereignty written by John R. Wunder and published by Routledge. This book was released on 2004-11-23 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays included in this collection help define Native American sovereignty in today's world. They draw upon past legal experiences and project into the future. The collection begins with a brief definition of sovereignty, followed by a consideration of the most important documents that show the relationships between Native American nations and the U.S. government. They continue with a study of how treaties were handled by Congress and the current and future implication of the treaty relationships. The selection concludes with a look at the issue of federal plenary power in terms of treaties and the evolution of American case law.
Book Synopsis Contemporary Native American Political Issues by : Troy Johnson
Download or read book Contemporary Native American Political Issues written by Troy Johnson and published by Rowman Altamira. This book was released on 2000-01-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does one make a clear distinction between issues such as tribal sovereignty, indigenous rights, and law and justice? How do these topics differ, and can they be separated from, issues such as identity, health, and environment? The answer, of course, lies in the interconnectedness of all aspects of Native American life, culture, religion, and politics. This format encourages the consideration of Native politics both in terms of unifying themes and contexts and with regard to local situations, needs, and struggles.
Book Synopsis Backcountry Crucibles by : Jean R. Soderlund
Download or read book Backcountry Crucibles written by Jean R. Soderlund and published by Associated University Presse. This book was released on 2008 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: American historians have emphasized major cities as cultural and economic centers. This volume explores the vitality of cultural, economic, and political life beyond those cities. The Lehigh Valley is a place where integral events occurred, but is also an example of regional growth outside large cities. Its unique location, close enough to New York and Philadelphia to market grain, iron, coal, and steel, yet distant enough to develop its own cultural life, offers a regional model persisting for more than two centuries heretofore unexplored in American historical scholarship. This persistence of cultural and economic patterns, including the capacity to change, makes Lehigh Valley history particularly intriguing.
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.
Book Synopsis Struggle for the Land by : Ward Churchill
Download or read book Struggle for the Land written by Ward Churchill and published by City Lights Books. This book was released on 2002-09 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark work illustrates the history of North American indigenous resistance and the struggle for land rights.
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 Treaty Talks in British Columbia by : Christopher McKee
Download or read book Treaty Talks in British Columbia written by Christopher McKee and published by UBC Press. This book was released on 2009-09-02 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with PeterColenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives andtreaty negotiations. Succinct and informative, this book brings clarity to a complex and often contentious issue.
Book Synopsis Treaty Talks in British Columbia, Third Edition by : Christopher McKee
Download or read book Treaty Talks in British Columbia, Third Edition written by Christopher McKee and published by UBC Press. This book was released on 2013-01-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with Peter Colenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Succinct and informative, this book brings clarity to a complex and often contentious issue.
Book Synopsis White Man's Law by : Sidney L. Harring
Download or read book White Man's Law written by Sidney L. Harring and published by University of Toronto Press. This book was released on 1998-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping re-investigation of Canadian legal history, Harring shows that Canada has historically dispossessed Aboriginal peoples of even the most basic civil rights.
Author :Bruce Clark Publisher :Createspace Independent Publishing Platform ISBN 13 :9781717110916 Total Pages :298 pages Book Rating :4.1/5 (19 download)
Book Synopsis Ongoing Genocide Caused by Judicial Suppression of the "Existing" Aboriginal Rights by : Bruce Clark
Download or read book Ongoing Genocide Caused by Judicial Suppression of the "Existing" Aboriginal Rights written by Bruce Clark and published by Createspace Independent Publishing Platform. This book was released on 2018-08-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudentially, there are two values that compete for paramountcy in judicial decision-making: to serve truth or, alternatively, fairness. In the aboriginal context, the Canadian judges seem to be trying to be fair to the vast majority of people and the building of their nation, at the expense of the constitutional truth. This is apparent when you consider the Supreme Court of Canada's interpretation of section 35(1) of the Constitution Act, 1982 in the leading 2014 case, Tsilhqot'in. Section 35(1) says: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The Court interpreted section 35(1) to mean the judges have to balance the national interest against the aboriginal interest. In the result, the judges overrode the "existing" aboriginal rights that section 35(1) expressly and explicitly placed beyond the reach of the courts to repeal. Yet section 35(1) says nothing about such a judicial discretion to repeal the saved "existing" aboriginal rights. The judges simply invented, out of thin air, a power of repeal of those aboriginal rights constitutionally placed beyond the jurisdiction of judicial repeal. That is the struggle behind the struggle. The structural integrity of the rule of law and the status of the constitutional democracy have been destroyed by the tension between the law as it is written, and the new "law" as the judges recently invent it. That is what this book is about. That is the seemingly unsolvable problem: how to rescue the truth from feelings of fairness. The solution to that problem is independent and impartial adjudication, which is missing from native and newcomer litigation. It must be brought into existence lest bias rule instead of the law. Sergeant Dennis Ryan of the Royal Canadian Mounted Police representing the Gustafsen Lake Crisis Management Team in September 1995 stated: "Kill this Clark, smear the prick and everyone with him." Why? "The very foundations that Canadian society is built upon are threatened here," is the answer he gave in an interview. The history of those "very foundations," and the true nature of what "is threatened here," is the subject of Ongoing Genocide. Clark was described by one of his clients, the Secwepemc traditionalist elder Wolverine, as "the most dangerous lawyer in Canada." This opinion was shared by the RCMP, the provincial and federal governments, the bench, bar and Chief Justice of Canada and even the National Chief of the Assembly of First Nations. The ten essays in Ongoing Genocide caused by Judicial Suppression of the "Existing" Aboriginal Rights deal with aspects of the "genocide"-within the meaning of section 2(b) of the United Nations' genocide convention-of Indigenous peoples in Canada. That section indicts the imposition of "serious bodily or mental harm" against groups, such as that evidenced by the high rates of suicides of Indians in reaction to the courts' injustices, committed for political reasons contrary to the rule of law. The appendix-entitled "Judicial Culpability for War and Genocide in the Age of American Empire"-deals with the failure of the North American Judiciary to enforce the constitutional provisions prohibiting international war except in self defense to an attack. The lessons learned and practiced on the Natives of North America are exported to the global village, a surrogate Indian country, and the judges do nothing to prevent this pursuant to the rule of law, which it is their constitutional duty to uphold. The cause of the genocidal suppression of existing constitutional law is the criminal politicization of the judiciary. Pointing this out to the courts led to the conviction of the author for criminal contempt of court and disbarment for "conduct unbecoming" a barrister and solicitor. Since then the judicial ignoring of existing constitutional law, for political reasons, has become further entrenched.
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 Sovereignty, Colonialism and the Indigenous Nations by : Robert Odawi Porter
Download or read book Sovereignty, Colonialism and the Indigenous Nations written by Robert Odawi Porter and published by . This book was released on 2005 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an extensive compilation of readings focused on the meaning of sovereignty and self-determination in relation to Indigenous nations and peoples in the United States. The overall purpose of the book is to afford readers the opportunity to study and analyze the interplay of legal, political, economic, and cultural factors that contribute to the debate surrounding the status of Indigenous nations and peoples within American society. The book is divided into three parts, with each part prefaced by a set of questions for the reader to consider. The first part explores the meaning of Indigenous nation sovereignty from three different perspectives--the Indigenous nations and peoples, the colonizing peoples, and the international community. The second part then addresses the different ways in which this sovereignty is threatened. The last part of the book explores the variety of approaches by which Indigenous nation sovereignty may be preserved and strengthened in the future. The readings included are extraordinarily broad in scope and are designed to promote vigorous student inquiry and discussion. In addition to including a wide variety of authors, the works include speeches, testimony, policy statements, law cases, statutes, articles, book chapters, and newspaper stories. The materials are extensively edited (with few footnotes and citations) so as to focus the reader on important concepts and to facilitate overall understanding. The book is intended for use in both law school and non-law school courses relating to law and policy dealing with Indigenous nations and peoples, American history, and international law and policy governing minorities and Indigenous peoples. The book is also designed for use in undergraduate courses and seminars.
Book Synopsis The Future of Tradition by : Leon Shaskolsky Sheleff
Download or read book The Future of Tradition written by Leon Shaskolsky Sheleff and published by Routledge. This book was released on 2013-09-05 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: "First Published in 2000, Routledge is an imprint of Taylor & Francis, an informa company."
