Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference

Framsida
Michael Asch
UBC Press, 1997 - 284 sidor
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.
 

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Innehåll

The Impact of Precedent in Aboriginal
38
Reexamining Culturally Appropriate Models in Criminal Justice
75
The Impact of Treaty 9 on Natural Resource Development in Northern
97
The Meaning of Aboriginal Title
135
The Royal Proclamation Canadian Legal
155
An Indigenous Perspective
173
A New Basis for Comprehensive Claims
208
Notes
231
Contributors
275
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Om författaren (1997)

Michael Asch is a professor in the Department of Anthropology at the University of Alberta and the author of Home and Native Land: Aboriginal Rights and the Constitution (1984).

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