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Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
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: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
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: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191018546
Category : Law
Languages : en
Pages : 1529
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Book Description
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Author: Peter H. Russell
Publisher:
ISBN: 9780802094438
Category : History
Languages : en
Pages : 470
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Book Description
A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.
Author: Hamar Foster
Publisher: UBC Press
ISBN: 0774840110
Category : Law
Languages : en
Pages : 353
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Book Description
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: Arthur Manuel
Publisher: Between the Lines
ISBN: 1771135573
Category : Social Science
Languages : en
Pages : 304
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Book Description
A Canadian bestseller and winner of the 2016 Canadian Historical Association Aboriginal History Book Prize, Unsettling Canada is a landmark text built on a unique collaboration between two First Nations leaders. Arthur Manuel (1951–2017) was one of the most forceful advocates for Indigenous title and rights in Canada; Grand Chief Ron Derrickson, one of the most successful Indigenous businessmen in the country. Together, they bring a fresh perspective and bold new ideas to Canada’s most glaring piece of unfinished business: the place of Indigenous peoples within the country’s political and economic space. This vital second edition features a foreword by award-winning activist Naomi Klein and an all-new chapter co-authored by Law professor Nicole Schabus and Manuel’s daughter, Kanahus, honouring the multi-generational legacy of the Manuel family’s work.
Author: Peter H. Russell
Publisher:
ISBN:
Category : History
Languages : en
Pages : 492
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Book Description
In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.
Author: Kent McNeil
Publisher: UBC Press
ISBN: 0774861088
Category : Law
Languages : en
Pages : 353
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Book Description
In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
Author: Menno Boldt
Publisher: University of Toronto Press
ISBN: 9780802065896
Category : Social Science
Languages : en
Pages : 424
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Book Description
It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Author: Kent McNeil
Publisher: Oxford [England] : Clarendon Press
ISBN: 9780198252238
Category : Art
Languages : en
Pages : 357
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Book Description
Examines effects of colonisation on title to land in territories settled by the English; outlines possession and title to land in English law, the Crowns title to land in England; describes methods of acquisition of territorial sovereignty; discusses common law Aboriginal title (native title) and its application in United States , Canada and Australia; mentions Milirrpum v. Nabalco Pty Ltd.
Author: R. Aída Hernández Castillo
Publisher: University of Arizona Press
ISBN: 0816538573
Category : Social Science
Languages : en
Pages : 281
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Book Description
Transcontinental Dialogues brings together Indigenous and non-Indigenous anthropologists from Mexico, Canada, and Australia who work at the intersections of Indigenous rights, advocacy, and action research. These engaged anthropologists explore how obligations manifest in differently situated alliances, how they respond to such obligations, and the consequences for anthropological practice and action. This volume presents a set of pieces that do not take the usual political or geographic paradigms as their starting point; instead, the particular dialogues from the margins presented in this book arise from a rejection of the geographic hierarchization of knowledge in which the Global South continues to be the space for fieldwork while the Global North is the place for its systematization and theorization. Instead, contributors in Transcontinental Dialogues delve into the interactions between anthropologists and the people they work with in Canada, Australia, and Mexico. This framework allows the contributors to explore the often unintended but sometimes devastating impacts of government policies (such as land rights legislation or justice initiatives for women) on Indigenous people’s lives. Each chapter’s author reflects critically on their own work as activist-scholars. They offer examples of the efforts and challenges that anthropologists—Indigenous and non-Indigenous—confront when producing knowledge in alliances with Indigenous peoples. Mi’kmaq land rights, pan-Maya social movements, and Aboriginal title claims in rural and urban areas are just some of the cases that provide useful ground for reflection on and critique of challenges and opportunities for scholars, policy-makers, activists, allies, and community members. This volume is timely and innovative for using the disparate anthropological traditions of three regions to explore how the interactions between anthropologists and Indigenous peoples in supporting Indigenous activism have the potential to transform the production of knowledge within the historical colonial traditions of anthropology.
