B.C. Aboriginal Title Case (Delgamuukw V. the Queen) PDF Download
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Author: Wendy Moss
Publisher:
ISBN:
Category : Gitksan Indians
Languages : en
Pages : 26
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Book Description
This paper summarizes the issues, proceedings and findings of a significant court case brought by Gitskan and Wet'suwet'en chiefs in British Columbia against the Crown, to determine whether native peoples have sovereignty over the land, as opposed to the government view of aboriginal rights as a right to use and occupy Crown land for subsistence and cultural purposes.
Author: Wendy Moss
Publisher:
ISBN:
Category : Gitksan Indians
Languages : en
Pages :
Get Book Here
Book Description
Author: Wendy Moss
Publisher:
ISBN:
Category : Gitksan Indians
Languages : en
Pages : 26
Get Book Here
Book Description
This paper summarizes the issues, proceedings and findings of a significant court case brought by Gitskan and Wet'suwet'en chiefs in British Columbia against the Crown, to determine whether native peoples have sovereignty over the land, as opposed to the government view of aboriginal rights as a right to use and occupy Crown land for subsistence and cultural purposes.
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: Antonia Mills
Publisher: UBC Press
ISBN: 0774842741
Category : Social Science
Languages : en
Pages : 233
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Book Description
Eagle Down Is Our Law is about the struggle of the Witsuwit'en peoples to establish the meaning of aboriginal rights. With the neighbouring Gitksan, the Witsuwit'en launched a major land claims court case asking for the ownership and jurisdiction of 55,000 square kilometers of land in north-central British Columbia that they claim to have held since before the arrival of the Europeans. In conjunction with that court case, the Gitksan and Witsuwit'en asked a number of expert witnesses, among them Antonia Mills, an anthropologist, to prepare reports on their behalf. Her report, which instructs the judge in the case on the laws, feasts, and institutions of the Witsuwit'en, is presented here. Her testimony is based on two years of participant observation with the Witsuwit'en peoples and on her reading of the anthropological, historic, archaeological, and linguistic data about the Witsuwit'en.
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 the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Author: Frank Cassidy
Publisher:
ISBN: 9780886451387
Category : Gitxsan Indians
Languages : en
Pages : 0
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Book Description
Author: Canada. Royal Commission on Aboriginal Peoples
Publisher: Canadian Government Publishing
ISBN:
Category : Law
Languages : en
Pages : 84
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Book Description
Additional keywords: Indigenous peoples, First Nations, treaties, aboriginal rights.
Author: Frank Cassidy
Publisher:
ISBN: 9780886451387
Category : Gitksan Indians
Languages : en
Pages : 0
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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: Owen Lippert
Publisher: The Fraser Institute
ISBN: 0889752060
Category : Indian land transfers
Languages : en
Pages : 16
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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: 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."
