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The Law Of Treaties Between The Crown And Aboriginal Peoples
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Book Synopsis The Right Relationship by : John Borrows
Download or read book The Right Relationship written by John Borrows and published by University of Toronto Press. This book was released on 2017-01-01 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
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.
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 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations 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. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.
Download or read book Keeping Promises written by Terry Fenge and published by McGill-Queen's Press - MQUP. This book was released on 2015-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1763 King George III of Great Britain, victorious in the Seven Years War with France, issued a proclamation to organize the governance of territory newly acquired by the Crown in North America and the Caribbean. The proclamation reserved land west of the Appalachian Mountains for Indians, and required the Crown to purchase Indian land through treaties, negotiated without coercion and in public, before issuing rights to newcomers to use and settle on the land. Marking its 250th anniversary Keeping Promises shows how central the application of the Proclamation is to the many treaties that followed it and the settlement and development of Canada. Promises have been made to Aboriginal peoples in historic treaties from the late eighteenth to the early twentieth centuries in Ontario, the Prairies, and the Mackenzie Valley, and in modern treaties from the 1970s onward, primarily in the North. In this collection, essays by historians, lawyers, treaty negotiators, and Aboriginal leaders explore how and how well these treaties are executed. Addresses by the governor general of Canada and the federal minister of Aboriginal Affairs and Northern Development are also included. In 2003 Aboriginal leaders formed the Land Claims Agreements Coalition to make sure that treaties – building blocks of Canada – are fully implemented. Unique in breadth and scope, Keeping Promises is a testament to the research, advocacy, solidarity, and accomplishments of this coalition and those holding the Crown to its commitments.
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 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics covered include aboriginal rights at common law, treaty rights, the fiduciary relationship between aboriginal people and the crown, federal common law and aboriginal and treaty rights, legal principals governing the infringement, a review of compensation in cases of expropriation unrelated to aboriginal and treaty rights, the experience in the United States.
Book Synopsis The Constitution Act, 1982 by : Canada
Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Breathing Life into the Stone Fort Treaty by : Aimée Craft
Download or read book Breathing Life into the Stone Fort Treaty written by Aimée Craft and published by UBC Press. This book was released on 2013-03-13 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to interpret and implement a treaty between the Crown and Canada’s First Nations, we must look to its spirit and intent, and consider what was contemplated by the parties at the time the treaty was negotiated, argues Aimée Craft. Using a detailed analysis of Treaty One – today covering what is southern Manitoba – she illustrates how negotiations were defined by Anishinabe laws (inaakonigewin), which included the relationship to the land, the attendance of all jurisdictions’ participants, and the rooting of the treaty relationship in kinship. While the focus of this book is on Treaty One, Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before this, and the principles of interpretation apply equally to all treaties with First Nations.
Book Synopsis Indigenous Peoples in International Law by : S. James Anaya
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Download or read book Aboriginal Law written by Thomas Isaac and published by . This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Compact, Contract, Covenant by : James Rodger Miller
Download or read book Compact, Contract, Covenant written by James Rodger Miller and published by University of Toronto Press. This book was released on 2009-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compact, Contract, Covenant" is renowned historian of Native-newcomer relations J.R. Miller's exploration and explanation of more than four centuries of treating-making.
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.
Author :Brian Slattery Publisher :[Saskatoon] : University of Saskatchewan Native Law Centre ISBN 13 :9780888801005 Total Pages :45 pages Book Rating :4.8/5 (1 download)
Book Synopsis Ancestral Lands, Alien Laws by : Brian Slattery
Download or read book Ancestral Lands, Alien Laws written by Brian Slattery and published by [Saskatoon] : University of Saskatchewan Native Law Centre. This book was released on 1983-01-01 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the principal ways in which North American and Commonwealth courts have traditionally approached the question of aboriginal land rights.
Book Synopsis Indigenous Peoples and the State by : Mark Hickford
Download or read book Indigenous Peoples and the State written by Mark Hickford and published by Taylor & Francis. This book was released on 2018-07-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
Book Synopsis The Duty to Consult by : Dwight G. Newman
Download or read book The Duty to Consult written by Dwight G. Newman and published by UBC Press. This book was released on 2009-10-25 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
Book Synopsis Lament for a First Nation by : Peggy J. Blair
Download or read book Lament for a First Nation written by Peggy J. Blair and published by UBC Press. This book was released on 2009 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a 1994 decision known as Howard, the Supreme Court of Canada held that the Aboriginal signatories to the 1923 Williams Treaties had knowingly given up not only their title to off-reserve lands but also their treaty rights to hunt and fish for food. No other First Nations in Canada have ever been found to have willingly surrendered similar rights. Blair argues that the Canadian courts caused a serious injustice by applying erroneous cultural assumptions in their interpretation of the evidence. In particular, they confused provincial government policy, which has historically favoured public over special rights, with the understanding of the parties at the time.
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."
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.
