Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for DifferenceMichael 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. |
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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Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect ... Michael Asch Ingen förhandsgranskning - 1997 |
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Aboriginal rights Aboriginal signatories Aboriginal societies Aboriginal title affirmation agreement assertion authority Baker Lake Big Bear British Columbia Calder Canadian colonial common law comprehensive claims Constitution Act contemporary Court of Canada Cree decision Delgamuukw discussion economic Elders European existing extinguishment federal government fishing rights Gitksan Gitksan and Wet'suwet'en Guerin Hollow Water Ibid Indian Act Indian Affairs Indigenous interest interpretation Inuit issue James Bay judicial Justice Lambert legislative ment Nations Native nature negotiations Nisga'a non-Aboriginal Ojibwa Ontario oral Ottawa ples political precedent principles protection province Queen reasons recognized regard relationship reserve lands respect right to hunt rights and title Royal Proclamation self-government settlement settlers sexual Sir William Johnson social Southern Rhodesia sovereignty Sparrow supra note Supreme Court territory tion Toronto traditions trapping Treaty 9 Treaty of Niagara treaty rights treaty-making tribes underlying title understanding Wallace wampum Wet'suwet'en women words
Hänvisningar till den här boken
Political Theory and the Rights of Indigenous Peoples Duncan Ivison Begränsad förhandsgranskning - 2000 |