Author: Brian Slattery
Publisher: [Saskatoon] : University of Saskatchewan Native Law Centre
ISBN: 9780888801005
Category : Aboriginal Australians
Languages : en
Pages : 45
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Book Description
Explores the principal ways in which North American and Commonwealth courts have traditionally approached the question of aboriginal land rights.
Author: Bruce Alden Cox
Publisher: McGill-Queen's Press - MQUP
ISBN: 0886290627
Category : Eskimos
Languages : en
Pages : 316
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Book Description
This collection of timely essays by Canadian scholars explores the fundamental link between the development of aboriginal culture and economic patterns. The contributors draw on original research to discuss Megaprojects in the North, the changing role of native women, reserves and devices for assimilation, the rebirth of the Canadian Metis, aboriginal rights in Newfoundland, the role of slave-raiding, and epidemics and firearms in native history.
Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253777
Category : Law
Languages : en
Pages : 667
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Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author: Walter Hildebrandt
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773515222
Category : History
Languages : en
Pages : 436
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Book Description
There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.
Author: Simon Young
Publisher: Federation Press
ISBN: 9781862876477
Category : History
Languages : en
Pages : 534
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Book Description
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
Author: Dale Antony Turner
Publisher: University of Toronto Press
ISBN: 0802037925
Category : Philosophy
Languages : en
Pages : 193
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Book Description
Explores indigenous intellectual culture and its relationship to, and within, the dominant Euro-American culture. This book also contends that indigenous intellectuals need to engage the legal and political discourses of the state, respecting both indigenous philosophies and Western European intellectual traditions.
Author: Merete Falck Borch
Publisher: BRILL
ISBN: 9004487956
Category : Literary Criticism
Languages : en
Pages : 334
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Book Description
This work is an examination of British imperial policy and attitudes towards the original inhabitants in the American colonies, New South Wales and the Cape colony of South Africa. A comparative study of the formative phase in this area of policy, it covers the period between the mid-eighteenth and early nineteenth centuries, examining and comparing the development of policy in each of the three geographical regions and tracing the legal and intellectual context within which this policy took shape. It suggests an important shift of attitude towards indigenous peoples in the course of the period covered – a change that had a major impact on political perceptions and policy formation.
Author: James Tully
Publisher: Cambridge University Press
ISBN: 9780521436380
Category : History
Languages : en
Pages : 354
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Book Description
An Approach to Political Philosophy: Locke in Context brings together Professor Tully's most important and innovative statements on Locke in a systematic treatment of the latter's thought that is at once contextual and critical. Each essay has been rewritten and expanded for this volume, and each seeks to understand a theme of Locke's political philosophy by interpreting it in light of the complex contexts of early modern European political thought and practice. These historical studies are then used in a variety of ways to gain critical perspectives on the assumptions underlying current debates in political philosophy and the history of political thought. The themes treated include government, toleration, discipline, property, aboriginal rights, individualism, power, labour, self-ownership, community, progress, liberty, participation, and revolution.
Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 1459406613
Category : History
Languages : en
Pages : 442
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Book Description
Canadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Author: Ward Churchill
Publisher: City Lights Books
ISBN: 9780872864146
Category : History
Languages : en
Pages : 470
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Book Description
Landmark work illustrates the history of North American indigenous resistance and the struggle for land rights.
