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Reconciling Sovereignties Aboriginal Nations And Canada
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Author :Felix Hoehn Publisher :Native Law Centre University of Saskatchewan ISBN 13 :9780888805775 Total Pages :169 pages Book Rating :4.8/5 (57 download)
Book Synopsis Reconciling Sovereignties by : Felix Hoehn
Download or read book Reconciling Sovereignties written by Felix Hoehn and published by Native Law Centre University of Saskatchewan. This book was released on 2012-01-01 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Reconciling pre-existing Aboriginal sovereignty with de facto Crown sovereignty will not threaten the territory of Canada, nor will it result in a legal vacuum. Rather, it will facilitate the self-determination of Aboriginal peoples within Canada and strengthen Canada's claim to territorial integrity in the eyes of international law.
Book Synopsis Reconciling Sovereignties : Aboriginal Nations and Canada by :
Download or read book Reconciling Sovereignties : Aboriginal Nations and Canada written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Reconciliation without Recollection? by : Joshua Ben David Nichols
Download or read book A Reconciliation without Recollection? written by Joshua Ben David Nichols and published by University of Toronto Press. This book was released on 2019-11-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection? is an ambitious and timely intervention into one of the most pressing concerns in Canada.
Book Synopsis Nation to Nation by : Diane Engelstad
Download or read book Nation to Nation written by Diane Engelstad and published by Concord, Ont. : Anansi. This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of thirty essays constitutes a dialogue of native and non-native authors on such issues as sovereignty, assimilation, specific claims polciy, land stewardship, justice for First Nations, the residential school experience and the rebuilding of communities, women and sovereignty, and the Oka experience.
Book Synopsis From Recognition to Reconciliation by : Patrick Macklem
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Book Synopsis Discovering Indigenous Lands by : Robert J. Miller
Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by OUP Oxford. This book was released on 2012-01-05 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Book Synopsis On Being Here to Stay by : Michael Asch
Download or read book On Being Here to Stay written by Michael Asch and published by University of Toronto Press. This book was released on 2014-02-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.
Book Synopsis Aboriginal Rights and Self-Government by : Curtis Cook
Download or read book Aboriginal Rights and Self-Government written by Curtis Cook and published by McGill-Queen's Press - MQUP. This book was released on 2000-02-04 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is a timely exploration of the progress of Aboriginal rights movements in Canada, Mexico, and the United States. Contributors compare the situations in Canada and Mexico, in both of which demands by Aboriginal people for political autonomy and sovereignty are increasing, and explore why there is little corresponding activity in the United States. The essays address problems of constructing new political arrangements, practical questions about the viability of multiple governments within one political system, and epistemological questions about recognizing and understanding the "other." Contents One Continent, Three Styles: The Canadian Experience in North American Perspective -- Juan D. Lindau and Curtis Cook; A Just Relationship Between Aboriginal and Non-Aboriginal Peoples of Canada -- James Tully (University of Victoria); Indigenous Movements and Politics in Mexico and Latin America -- Rodolfo Stavenhagen (Colegio de Mexico); Rights and Self-Government for Canada?s Aboriginal Peoples -- C.E.S. Franks (Queen's); Liberalism's Last Stand: Aboriginal Sovereignty and Minority Rights -- Dale Turner (Dartmouth); First Nations and the Derivation of Canada's Underlying Title: Comparing Perspectives on Legal Ideology -- Michael Asch; Quebec?s Conceptions of Aboriginal Rights -- Andrée Lajoie, Hugues Melaçon, Guy Rocher (Université de Montréal) and Richard Janda (McGill), The Revolution of the New Commons -- Gustavo Esteva (Instituto de la Naturaleza y la Sociedad de Oaxaca); Indian Policy: Canada and the United States Compared -- C.E.S. Franks.
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 ‘We Are All Here to Stay’ by : Dominic O’Sullivan
Download or read book ‘We Are All Here to Stay’ written by Dominic O’Sullivan and published by ANU Press. This book was released on 2020-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.
Book Synopsis Nation to Nation by : Diane Engelstad
Download or read book Nation to Nation written by Diane Engelstad and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis The Oxford Handbook of Australian Politics by : Jenny M. Lewis
Download or read book The Oxford Handbook of Australian Politics written by Jenny M. Lewis and published by Oxford University Press. This book was released on 2021-10-20 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Australian Politics is a comprehensive collection that considers Australia's distinctive politics— both ancient and modern— at all levels and across many themes. It examines the factors that make Australian politics unique and interesting, while firmly placing these in the context of the nation's Indigenous and imported heritage and global engagement. The book presents an account of Australian politics that recognizes and celebrates its inherent diversity by taking a thematic approach in six parts. The first theme addresses Australia's unique inheritances, examining the development of its political culture in relation to the arrival of British colonists and their conflicts with First Nations peoples, as well as the resulting geopolitics. The second theme, improvization, focuses on Australia's political institutions and how they have evolved. Place-making is then considered to assess how geography, distance, Indigenous presence, and migration shape Australian politics. Recurrent dilemmas centres on a range of complex, political problems and their influence on contemporary political practice. Politics, policy, and public administration covers how Australia has been a world leader in some respects, and a laggard in others, when dealing with important policy challenges. The final theme, studying Australian politics, introduces some key areas in the study of Australian politics and identifies the strengths and shortcomings of the discipline. The Oxford Handbook of Australian Politics is an opportunity for others to consider the nation's unique politics from the perspective of leading and emerging scholars, and to gain a strong sense of its imperfections, its enduring challenges, and its strengths.
Book Synopsis Postcolonial Sovereignty? by : Tracie Lea Scott
Download or read book Postcolonial Sovereignty? written by Tracie Lea Scott and published by UBC Press. This book was released on 2012-02-02 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "My interest in the Nisga'a Final Agreement arose from the trenchant criticisms of the agreement by both Aboriginal rights proponents and conservative factions in the Canadian community. Why did this agreement incite such polarized opposition? I undertook a detailed examination of the agreement and its effect on the Nisga'a Nation. Through community research and discussions with the federal negotiators it became clear that the agreement represented a radical hybridization of western political and legal systems. Obviously, liberal theory did not account for this revision of First Nation and Canadian sovereignty. As such I explored postcolonial theory as an avenue to explain how the treaty was operating and the effects it was having on the Nisga'a Nation and the Canadian political community." -- Tracie Lea Scott In 1999 the Nisga'a First Nation in Northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. This book analyzes the impact the agreement has on federal/provincial/First Nations relations, but also in a concise manner examines the major terms of the agreement. The author summarizes the settlement and, more importantly, the powers over land, resources, education, and cultural policy granted to the Nisga'a government. She notes that the agreement marks a major departure from previous land claims agreements and outlines the opposition, including two court challenges, mounted against the agreement.
Download or read book Recovering Canada written by John Borrows and published by University of Toronto Press. This book was released on 2017-06-22 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, 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. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Book Synopsis Resurgence and Reconciliation by : Michael Asch
Download or read book Resurgence and Reconciliation written by Michael Asch and published by University of Toronto Press. This book was released on 2018-01-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation. Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. By using "earth-teachings" to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world's most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.
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.
