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Aboriginal and Treaty Rights in Canada

2011-11-01 History
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Release : 2011-11-01
Genre : History
Kind : eBook
Book Rating : 334/5 ( reviews)

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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. This book was released on 2011-11-01. 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.

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

2001-04-01 Law
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Release : 2001-04-01
Genre : Law
Kind : eBook
Book Rating : 532/5 ( reviews)

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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. This book was released on 2001-04-01. 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.

Terms of Coexistence

2013-09 Indians of North America
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Release : 2013-09
Genre : Indians of North America
Kind : eBook
Book Rating : 103/5 ( reviews)

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Book Synopsis Terms of Coexistence by : Sébastien Grammond

Download or read book Terms of Coexistence written by Sébastien Grammond. This book was released on 2013-09. 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.

The Right Relationship

2017-01-01 History
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Release : 2017-01-01
Genre : History
Kind : eBook
Book Rating : 213/5 ( reviews)

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Book Synopsis The Right Relationship by : John Borrows

Download or read book The Right Relationship written by John Borrows. This book was released on 2017-01-01. 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.

On Being Here to Stay

2014-02-24 Social Science
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Release : 2014-02-24
Genre : Social Science
Kind : eBook
Book Rating : 845/5 ( reviews)

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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. This book was released on 2014-02-24. 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.

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