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: 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."
Author: Paul Tennant
Publisher: UBC Press
ISBN: 0774843039
Category : Political Science
Languages : en
Pages : 323
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Book Description
Aboriginal claims remain a controversial but little understood issue in contemporary Canada. British Columbia has been, and remains, the setting for the most intense and persistent demands by Native people, and also for the strongest and most consistent opposition to Native claims by governments and the non-aboriginal public. Land has been the essential question; the Indians have claimed continuing ownership while the province has steadfastly denied the possibility.
Author: Michael Asch
Publisher: UBC Press
ISBN: 0774842334
Category : History
Languages : en
Pages : 303
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Book Description
In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.
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: 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: Tony Penikett
Publisher: D & M Publishers
ISBN: 1926706293
Category : Social Science
Languages : en
Pages : 313
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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: Cole Harris
Publisher: UBC Press
ISBN: 077484213X
Category : Social Science
Languages : en
Pages : 466
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Book Description
This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.
Author: D.B. Tindall
Publisher: UBC Press
ISBN: 0774823372
Category : Social Science
Languages : en
Pages : 365
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Book Description
Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. There have been significant gains in the quest for Aboriginal self-determination over the past few decades, including the historic signing of the Nisga’a Treaty in 1998. Aboriginal participation in resource management is on the rise in both British Columbia and other Canadian provinces, with some Aboriginal communities starting their own forestry companies. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginal and non-Aboriginal scholars to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of considering traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and native communities.
Author: Dwight G. Newman
Publisher: UBC Press
ISBN: 1895830494
Category : Law
Languages : en
Pages : 129
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Book Description
Canada’s Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a “good” consultation; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Newman also examines the philosophical underpinnings of the duty to consult, and the evolving framework in international law and similar developments in Australia.
