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Author: Ken Coates
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773568778
Category : Law
Languages : en
Pages : 432
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Book Description
In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.
Author: Ken Coates
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773568778
Category : Law
Languages : en
Pages : 432
Get Book Here
Book Description
In The Marshall Decision and Native Rights Ken Coates explains the cross-cultural, legal, and political implications of the recent Supreme Court decision on the Donald Marshall case. He describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, detailing the bungling by federal departments and the lack of police preparedness. He shows how political, business, and Mi'kmaq leaders in the Maritimes handled the volatile situation, urging non-violence and speaking out against racism, in contrast to the way federal and regional leaders have responded in other parts of the country. Legal victories such as Marshall, argues Coates, are a double-edged sword that provide greater legal clarity but expand the gap between indigenous and non-indigenous peoples in Canada. Coates recounts the history of Mi'kmaq-white contact in the region and considers the impact of native rights on natural resources, showing that the costs will be borne mainly by rural Canadians. By placing the local and regional reaction to the Marshall decision in the broader historical, national, and international context of indigenous political and legal rights The Marshall Decision and Native Rights shows how little Canada has learned from three decades of First Nations legal conflicts and how far the country is from meaningful reconciliation.
Author: Kenneth Coates
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773521087
Category : History
Languages : en
Pages : 276
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Book Description
This book describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, and the author explains the cross-cultural, legal, and political implications of the recent Supreme Court decision in the Donald Marshall case.
Author: L. Jane McMillan
Publisher: UBC Press
ISBN: 0774837519
Category : Law
Languages : en
Pages : 233
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Book Description
The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence. With the backing of Mi’kmaw chiefs, he took the case all the way to the Supreme Court to vindicate Indigenous treaty rights in the landmark Marshall decision. Marshall was only fifty-five when he died in 2009. His legacy lives on as Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.
Author: Alex M. Cameron
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773576673
Category : Law
Languages : en
Pages : 255
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Book Description
The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Author: Blake A. Watson
Publisher:
ISBN: 9780806191270
Category :
Languages : en
Pages : 514
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Book Description
Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Author: Sherman Alexie
Publisher: Little, Brown Books for Young Readers
ISBN: 0316219304
Category : Young Adult Fiction
Languages : en
Pages : 299
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Book Description
A New York Times bestseller—over one million copies sold! A National Book Award winner A Boston Globe-Horn Book Award winner Bestselling author Sherman Alexie tells the story of Junior, a budding cartoonist growing up on the Spokane Indian Reservation. Determined to take his future into his own hands, Junior leaves his troubled school on the rez to attend an all-white farm town high school where the only other Indian is the school mascot. Heartbreaking, funny, and beautifully written, The Absolutely True Diary of a Part-Time Indian, which is based on the author's own experiences, coupled with poignant drawings by Ellen Forney that reflect the character's art, chronicles the contemporary adolescence of one Native American boy as he attempts to break away from the life he was destined to live. With a forward by Markus Zusak, interviews with Sherman Alexie and Ellen Forney, and black-and-white interior art throughout, this edition is perfect for fans and collectors alike.
Author: Arthur J. Ray
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773586482
Category : Social Science
Languages : en
Pages : 304
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Book Description
Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.
Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 0199881995
Category : History
Languages : en
Pages : 264
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Book Description
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 9780292791091
Category : Social Science
Languages : en
Pages : 426
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Book Description
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Author: Ryan Walker
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773589945
Category : Social Science
Languages : en
Pages : 655
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Book Description
Centuries-old community planning practices in Indigenous communities in Canada, the United States, New Zealand, and Australia have, in modern times, been eclipsed by ill-suited western approaches, mostly derived from colonial and neo-colonial traditions. Since planning outcomes have failed to reflect the rights and interests of Indigenous people, attempts to reclaim planning have become a priority for many Indigenous nations throughout the world. In Reclaiming Indigenous Planning, scholars and practitioners connect the past and present to facilitate better planning for the future. With examples from the Canadian Arctic to the Australian desert, and the cities, towns, reserves and reservations in between, contributors engage topics including Indigenous mobilization and resistance, awareness-raising and seven-generations visioning, Indigenous participation in community planning processes, and forms of governance. Relying on case studies and personal narratives, these essays emphasize the critical need for Indigenous communities to reclaim control of the political, socio-cultural, and economic agendas that shape their lives. The first book to bring Indigenous and non-Indigenous authors together across continents, Reclaiming Indigenous Planning shows how urban and rural communities around the world are reformulating planning practices that incorporate traditional knowledge, cultural identity, and stewardship over land and resources. Contributors include Robert Adkins (Community and Economic Development Consultant, USA), Chris Andersen (Alberta), Giovanni Attili (La Sapienza), Aaron Aubin (Dillon Consulting), Shaun Awatere (Landcare Research, New Zealand), Yale Belanger (Lethbridge), Keith Chaulk (Memorial), Stephen Cornell (Arizona), Sherrie Cross (Macquarie), Kim Doohan (Native Title and Resource Claims Consultant, Australia), Kerri Jo Fortier (Simpcw First Nation), Bethany Haalboom (Victoria University, New Zealand), Lisa Hardess (Hardess Planning Inc.), Garth Harmsworth (Landcare Research, New Zealand), Sharon Hausam (Pueblo of Laguna), Michael Hibbard (Oregon), Richard Howitt (Macquarie), Ted Jojola (New Mexico), Tanira Kingi (AgResearch, New Zealand), Marcus Lane (Griffith), Rebecca Lawrence (Umea), Gaim Lunkapis (Malaysia Sabah), Laura Mannell (Planning Consultant, Canada), Hirini Matunga (Lincoln University, New Zealand), Deborah McGregor (Toronto), Oscar Montes de Oca (AgResearch, New Zealand), Samantha Muller (Flinders), David Natcher (Saskatchewan), Frank Palermo (Dalhousie), Robert Patrick (Saskatchewan), Craig Pauling (Te Runanga o Ngai Tahu), Kurt Peters (Oregon State), Libby Porter (Monash), Andrea Procter (Memorial), Sarah Prout (Combined Universities Centre for Rural Health, Australia), Catherine Robinson (Commonwealth Scientific and Industrial Research Organization, Australia), Shadrach Rolleston (Planning Consultant, New Zealand), Leonie Sandercock (British Columbia), Crispin Smith (Planning Consultant, Canada), Sandie Suchet-Pearson (Macquarie), Siri Veland (Brown), Ryan Walker (Saskatchewan), Liz Wedderburn (AgResearch, New Zealand).
