Treaty Rights In The Historic Treaties Of Canada

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Treaty Rights in the Historic Treaties of Canada

Author : Thomas Isaac
Publisher : Native Law Centre University of Saskatchewan
ISBN 13 : 9780888805584
Total Pages : 73 pages
Book Rating : 4.8/5 (55 download)

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Book Synopsis Treaty Rights in the Historic Treaties of Canada by : Thomas Isaac

Download or read book Treaty Rights in the Historic Treaties of Canada written by Thomas Isaac and published by Native Law Centre University of Saskatchewan. This book was released on 2010 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The treaties between the Crown and First Nations are unique and hold a distinct position in Canadian law. The historic treaties in Canada, namely, those treaties entered into by the Crown prior to the era of comprehensive land claims and modern treaties beginning in the late 1970s, represent an important part of the relationship between the Crown and Aboriginal peoples. In this monograph, authors Thomas Isaac and Kristyn Annis examine the legal interpretation of historical treaties in Canada and set out core legal principles from a wide array of case law, generated over decades. They present a straight-forward discussion of the relevance of the historic treaties in modern circumstances, helping the reader to understand:

The Right Relationship

Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 144263023X
Total Pages : 440 pages
Book Rating : 4.4/5 (426 download)

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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 2017-03-17 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. 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. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

Keeping Promises

Author : Terry Fenge
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773597557
Total Pages : pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Keeping Promises by : Terry Fenge

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.

Indigenous Legal Traditions

Author : Law Commission of Canada
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.

Aboriginal and Treaty Rights in Canada

Author : Michael Asch
Publisher : UBC Press
ISBN 13 : 0774842334
Total Pages : 303 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal and Treaty Rights in Canada by : Michael Asch

Download or read book Aboriginal and Treaty Rights in Canada written by Michael Asch and published by UBC Press. This book was released on 2011-11-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.

Compact, Contract, Covenant

Author : James Rodger Miller
Publisher : University of Toronto Press
ISBN 13 : 0802097413
Total Pages : 401 pages
Book Rating : 4.8/5 (2 download)

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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.

Solemn Words and Foundational Documents

Author : Jean-Pierre Morin
Publisher : University of Toronto Press
ISBN 13 : 1487594453
Total Pages : 281 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Solemn Words and Foundational Documents by : Jean-Pierre Morin

Download or read book Solemn Words and Foundational Documents written by Jean-Pierre Morin and published by University of Toronto Press. This book was released on 2018-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country--each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author--he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.

On Being Here to Stay

Author : Michael Asch
Publisher : University of Toronto Press
ISBN 13 : 1442669845
Total Pages : 232 pages
Book Rating : 4.4/5 (426 download)

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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.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Author : Robert Mainville
Publisher : UBC Press
ISBN 13 : 1895830532
Total Pages : 187 pages
Book Rating : 4.8/5 (958 download)

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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 UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Canadian Indian Treaties, History, Politics and Law

Author :
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Canadian Indian Treaties, History, Politics and Law by :

Download or read book Canadian Indian Treaties, History, Politics and Law written by and published by . This book was released on 1980 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Treaties of Canada with the Indians of Manitoba and the North-west Territories

Author : Alexander Morris
Publisher : Belfords, Clarke
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis The Treaties of Canada with the Indians of Manitoba and the North-west Territories by : Alexander Morris

Download or read book The Treaties of Canada with the Indians of Manitoba and the North-west Territories written by Alexander Morris and published by Belfords, Clarke. This book was released on 1880 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Spirit of the Alberta Indian Treaties

Author : Richard Price
Publisher : University of Alberta
ISBN 13 : 0888647786
Total Pages : 234 pages
Book Rating : 4.8/5 (886 download)

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Book Synopsis The Spirit of the Alberta Indian Treaties by : Richard Price

Download or read book The Spirit of the Alberta Indian Treaties written by Richard Price and published by University of Alberta. This book was released on 1999-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government and First Nations leaders have tended to operate within two different systems of knowledge and perception regarding treaty rights issues in Canada. While First Nations emphasize the original spirit or intent of an agreement, government stresses the letter of the agreement. The Spirit of the Alberta Indian Treaties has long been acknowledged as an authoritative source for both oral and documentary perspectives on Alberta treaties. It has been twice cited in landmark decisions by the Supreme Court of Canada since its original publication in 1979. Expanded, and with a new introduction by Richard Price, this third edition supports a growing understanding between leaders of government and First Nations people in Alberta and Canada.

Bounty and Benevolence

Author : Arthur J. Ray
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773568263
Total Pages : 350 pages
Book Rating : 4.7/5 (735 download)

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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 2000-09-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Ray, Jim Miller, and Frank Tough draw 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 how Saskatchewan treaties were shaped by long-standing First Nations' Hudson's Bay Company diplomatic and economic understandings, treaty practices developed in eastern Canada before the 1870s, and the changing economic and political realities of western Canada during the nineteenth and early twentieth centuries. Ray, Miller, and Tough also show why these same forces were responsible for creating some of the misunderstandings and disputes that subsequently arose between the First Nations and government officials regarding the interpretation and implementation of the accords. Bounty and Benevolence offers new insights into this crucial dimension of Canadian history, making it of interest to the general reader as well as specialists in the field of First Nations history.

Recovering Canada

Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1487516754
Total Pages : 326 pages
Book Rating : 4.4/5 (875 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 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.

Go Show the World

Author : Wab Kinew
Publisher : Tundra Books
ISBN 13 : 0735262934
Total Pages : 44 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis Go Show the World by : Wab Kinew

Download or read book Go Show the World written by Wab Kinew and published by Tundra Books. This book was released on 2018-09-11 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are a people who matter." Inspired by President Barack Obama's Of Thee I Sing, Go Show the World is a tribute to historic and modern-day Indigenous heroes, featuring important figures such as Tecumseh, Sacagawea and former NASA astronaut John Herrington. Celebrating the stories of Indigenous people throughout time, Wab Kinew has created a powerful rap song, the lyrics of which are the basis for the text in this beautiful picture book, illustrated by the acclaimed Joe Morse. Including figures such as Crazy Horse, Net-no-kwa, former NASA astronaut John Herrington and Canadian NHL goalie Carey Price, Go Show the World showcases a diverse group of Indigenous people in the US and Canada, both the more well known and the not- so-widely recognized. Individually, their stories, though briefly touched on, are inspiring; collectively, they empower the reader with this message: "We are people who matter, yes, it's true; now let's show the world what people who matter can do."

Breathing Life into the Stone Fort Treaty

Author : Aimée Craft
Publisher : UBC Press
ISBN 13 : 1895830664
Total Pages : 161 pages
Book Rating : 4.8/5 (958 download)

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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.

Treaties with American Indians [3 volumes]

Author : Donald L. Fixico
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1576078817
Total Pages : 1318 pages
Book Rating : 4.5/5 (76 download)

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Book Synopsis Treaties with American Indians [3 volumes] by : Donald L. Fixico

Download or read book Treaties with American Indians [3 volumes] written by Donald L. Fixico and published by Bloomsbury Publishing USA. This book was released on 2007-12-12 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.