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Author: Tom Flanagan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773581847
Category : Social Science
Languages : en
Pages : 313
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Book Description
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Author: Tom Flanagan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773581847
Category : Social Science
Languages : en
Pages : 313
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Book Description
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Author: Pamela D. Palmater
Publisher: UBC Press
ISBN: 1895830710
Category : Law
Languages : en
Pages : 281
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Book Description
The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Author: Mary-Ellen Kelm
Publisher: University of Toronto Press
ISBN: 1487587376
Category : History
Languages : en
Pages : 232
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Book Description
Talking Back to the Indian Act is a comprehensive "how-to" guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada’s relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading. Through an analysis of thirty-five sources pertaining to the Indian Act—addressing governance, gender, enfranchisement, and land—the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.
Author: Bob Joseph
Publisher: Indigenous Relations Press
ISBN: 9780995266520
Category :
Languages : en
Pages : 160
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Book Description
Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Author: Alan R Parker
Publisher: MSU Press
ISBN: 1938065034
Category : Law
Languages : en
Pages : 242
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Book Description
In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government’s relationships with Tribal Nations. Here he relates the history of the federal government’s attempts, beginning in 1953 and lasting through 1965, to “terminate” its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of “Indian Self-Determination, not Termination,” as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon’s challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation’s 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.
Author: Martin J. Cannon
Publisher: UBC Press
ISBN: 0774860987
Category : Social Science
Languages : en
Pages : 191
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Book Description
Canada’s Indian Act is infamously sexist. Through many iterations of the legislation a woman’s status rights flowed from her husband, and even once it was amended to reinstate rights lost through marriage or widowhood, First Nations women could not necessarily pass status on to their descendants. That injustice has rightly been subject to much scrutiny, but what has it meant for First Nations men? Martin J. Cannon challenges the decades-long assumption of case law and politics that the act has affected Indigenous people as either “women” or “Indians” – but not both. He argues that sexism and racialization within the law must instead be understood as interlocking forms of discrimination that have also undercut the identities of Indigenous men through their female forebears. By restorying historically patriarchal legislation and Indigenous masculinity, Men, Masculinity, and the Indian Act makes a significant contribution to a transformative discussion of Indigenous nationhood, citizenship, and reconciliation.
Author: Daniel M. Cobb
Publisher: School for Advanced Research Press
ISBN:
Category : History
Languages : en
Pages : 376
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Book Description
How do we explain not just the survival of Indian people in the United States against very long odds but their growing visibility and political power at the opening of the twenty-first century? Within this one story of indigenous persistence are many stories of local, regional, national, and international activism that require a nuanced understanding of what it means to be an activist or to act in politically purposeful ways. Even the nearly universal demand for sovereignty encompasses multiple definitions that derive from factors both external and internal to Indian communities. Struggles over the form and membership of tribal governments, fishing rights, dances, casinos, language revitalization, and government recognition constitute arenas in which Indians and their non-Indian allies ensure the survival of tribal community and sovereignty. Whether contesting termination locally, demanding reparations for stolen lands in the federal courts, or placing their case for decolonization in a global context, American Indians use institutions and political rhetorics that they did not necessarily create for their own ends.
Author: Jody Wilson-Raybould
Publisher: Purich Books
ISBN: 0774880554
Category : Social Science
Languages : en
Pages : 253
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Book Description
An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most – straight talk on what has to be done to collectively move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians – both Indigenous and non-Indigenous – to build upon the momentum already gained in the reconciliation process or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is the time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance. Frank and impassioned, From Where I Stand charts a course forward – one that will not only empower Indigenous Peoples but strengthen the well-being of Canada and all Canadians.
Author: Gordon Gibson
Publisher: The Fraser Institute
ISBN: 0889752435
Category : Indians of North America
Languages : en
Pages : 288
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Book Description
The relationship between the individual and the collective has been the major force in human life from time immemorial but the character of that relationship has evolved over time. In one dark corner of this long drama, a special case of the relationship between individual and collective has been playing out in Canada in the lives of Native Indians. In this particular corner, the collective assumes an importance unthinkable in the mainstream. Indian policy, imposed by the mainstream on some Canadians - "Indians" - has built for them a world that is both a fortress and a prison. The effects on the individuals within that system have been profound.
Author: Renya K. Ramirez
Publisher: Duke University Press
ISBN: 9780822340300
Category : History
Languages : en
Pages : 292
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Book Description
An ethnography of urban Native Americans in the Silicon Valley that looks at the creation of social networks and community events that support tribal identities.
