Let Right Be Done PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Let Right Be Done PDF full book. Access full book title Let Right Be Done by Hamar Foster. Download full books in PDF and EPUB format.
Author: Hamar Foster
Publisher: UBC Press
ISBN: 9780774814041
Category : History
Languages : en
Pages : 337
Get Book Here
Book Description
In the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But 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: Hamar Foster
Publisher: UBC Press
ISBN: 9780774814041
Category : History
Languages : en
Pages : 337
Get Book Here
Book Description
In the early 1970s, many questioned whether Aboriginal title existed in Canada and rejected the notion that Aboriginal peoples should have rights different from those of other citizens. But 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: Institute for Research on Public Policy
Publisher: IRPP
ISBN: 9780889821156
Category : Law
Languages : en
Pages : 348
Get Book Here
Book Description
This collection of essays covers a significant judgment in the history of British Columbia and land claims and aboriginal rights and title for the Gitksan and Wet'suwet'en Indians.
Author: Paul Tennant
Publisher: UBC Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 328
Get Book Here
Book Description
This comprehensive treatment of the Indian land question in British Columbia traces its long history, re-assesses the decisions of Governor James Douglas and examines the modern political history of the province's Indian groups.
Author: Owen Lippert
Publisher: The Fraser Institute
ISBN: 0889752060
Category : Indian land transfers
Languages : en
Pages : 16
Get Book Here
Book Description
On December 11th 1997, then Chief Justice Antonio Lamer of the Supreme Court of Canada radically rewrote how the law requires the resolution of Aboriginal land claims. His decision in the long-running case, Delgamuukw vs. British Columbia, expanded the substance of Aboriginal title and created new ways to determine its presence, including oral testimony. Though the case originated in British Columbia, it has the potential to influence all regions of Canada. In July 1998 and April 1999, the Fraser Institute held conferences to explore the national implications of the decisions. Thirty top law professors, economists, and researchers contributed papers now brought together in this volume, bringing together the Native and non-Native perspectives on the topic.
Author: Michael Asch
Publisher: UBC Press
ISBN: 9780774805810
Category : History
Languages : en
Pages : 308
Get Book Here
Book Description
Contains eight essays redressing bias in the Canadian legal system against Indigenous peoples, discussing recent court decisions, current legal and cultural theory, and newly discovered historical information. Of particular note are data relevant to a better understanding of the political and legal relations established by treaty and the Royal Proclamation of 1763. Other topics include the definition of Aboriginal rights, and the privileging of written over oral testimony in litigation. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
Get Book Here
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: 0191029777
Category : Law
Languages : en
Pages : 377
Get Book Here
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: Tony Penikett
Publisher: D & M Publishers
ISBN: 1926706293
Category : Social Science
Languages : en
Pages : 313
Get Book Here
Book Description
In the hundred years since British Columbia joined Confederation, Canada has negotiated only one treaty in the province. A decade after signing the Nisga'a treaty, and despite spending hundreds of millions of dollars, the BC Treaty Commission process had not finalized a single treaty. This impassioned book explains why. The long answer to the question, says author Tony Penikett, is rooted in colonial history: provincial resistance, federal indifference and judicial equivocation. The short answer is that Canadian governments have wanted treaties solely on their own terms. Drawing on three decades of experience as a negotiator and a politician, Penikett argues persuasively that successful treaty making requires not only principled mandates, imaginative negotiators and skilled mediators, but also the political will to redress First Nation grievances. The treaty process in BC is ailing, this book shows clearly, and Penikett has many practical remedies to offer.
Author: Kent McNeil
Publisher: Oxford [England] : Clarendon Press
ISBN: 9780198252238
Category : Art
Languages : en
Pages : 357
Get Book Here
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: Robert Mainville
Publisher: Purich Publishing
ISBN:
Category : History
Languages : en
Pages : 210
Get Book Here
Book Description
Topics covered include aboriginal rights at common law, treaty rights, the fiduciary relationship between aboriginal people and the crown, federal common law and aboriginal and treaty rights, legal principals governing the infringement, a review of compensation in cases of expropriation unrelated to aboriginal and treaty rights, the experience in the United States.
