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Author: Jim Reynolds
Publisher: Purich Books
ISBN: 0774880236
Category : Law
Languages : en
Pages : 297
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Book Description
Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.
Author: Nathalie Kermoal
Publisher: Univ. of Manitoba Press
ISBN: 088755931X
Category : Law
Languages : en
Pages : 336
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Book Description
In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.
Author: Holly Doel-Mackaway
Publisher: Routledge
ISBN: 1351342630
Category : Law
Languages : en
Pages : 252
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Book Description
This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.
Author: Elizabeth Jane Macpherson
Publisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
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Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 148753115X
Category : Law
Languages : en
Pages : 390
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Book Description
Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
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: OECD
Publisher: OECD Publishing
ISBN: 9264483071
Category :
Languages : en
Pages : 236
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Book Description
Indigenous Australians play an important role in the development of regional economies. Compared to the non-Indigenous population, Indigenous peoples are more likely to be located in predominantly rural regions. However, significant gaps in socio-economic outcomes with non-Indigenous Australians remain and these gaps are larger in rural regions. The report provides three key recommendations to improve economic outcomes for Indigenous Australians.
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: William Nikolakis
Publisher: University of Arizona Press
ISBN: 0816540543
Category : Social Science
Languages : en
Pages : 353
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Book Description
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
Author: Joshua Ben David Nichols
Publisher: University of Toronto Press
ISBN: 1487521871
Category : History
Languages : en
Pages : 407
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Book Description
Providing a clear, critical analysis of the history of Aboriginal law, A Reconciliation without Recollection? exposes the limitations of the current constitutional framework of reconciliation by following the lines of descent underlying the relationship between Crown and Aboriginal sovereignty.
Author: Miguel Sioui
Publisher: Elsevier
ISBN: 0128245395
Category : Science
Languages : en
Pages : 354
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Book Description
Indigenous Water and Drought Management in a Changing World presents a series of global case studies that examine how different Indigenous groups are dealing with various water management challenges and finding creative and culturally specific ways of developing solutions to these challenges. With contributions from Indigenous and non-Indigenous academics, scientists, and water management experts, this volume provides an overview of key water management challenges specific to Indigenous peoples, proposes possible policy solutions both at the international and national levels, and outlines culturally relevant tools for assessing vulnerability and building capacity. In recent decades, global climate change (particularly drought) has brought about additional water management challenges, especially in drought-prone regions where increasing average temperatures and diminishing precipitation are leading to water crises. Because their livelihoods are often dependent on the land and water, Indigenous groups native to those regions have direct insights into the localized impacts of global environmental change, and are increasingly developing their own adaptation and mitigation strategies and solutions based on local Indigenous knowledge (IK). Many Indigenous groups around the globe are also faced with mounting pressure from extractive industries like mining and forestry, which further threaten their water resources. The various cases presented in Indigenous Water and Drought Management in a Changing World provide much-needed insights into the particular issues faced by Indigenous peoples in preserving their water resources, as well as actionable information that can inform future scientific research and policymaking aimed at developing more integrated, region-specific, and culturally relevant solutions to these critical challenges. - Includes diverse case studies from around the world - Provides cutting-edge perspectives about Indigenous peoples' water management issues and IK-based solutions - Presents maps for most case studies along with a summary box to conclude each chapter
