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Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 9780802080493
Category : Law
Languages : en
Pages : 348
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Book Description
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 9780802080493
Category : Law
Languages : en
Pages : 348
Get Book Here
Book Description
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Author: Michael Asch
Publisher: UBC Press
ISBN: 9780774805810
Category : History
Languages : en
Pages : 308
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Book Description
Contains eight essays redressing bias in the Canadian legal system against Indigenous peoples, discussing recent court decisions, current legal and cultural theory, and newly discovered historical information. Of particular note are data relevant to a better understanding of the political and legal relations established by treaty and the Royal Proclamation of 1763. Other topics include the definition of Aboriginal rights, and the privileging of written over oral testimony in litigation. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 1442658800
Category : Law
Languages : en
Pages : 348
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Book Description
There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.
Author: Alan C. Cairns
Publisher: UBC Press
ISBN: 0774841354
Category : Social Science
Languages : en
Pages : 290
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Book Description
In Citizens Plus, Alan Cairns unravels the historical record to clarify the current impasse in negotiations between Aboriginal peoples and the state. He considers the assimilationist policy assumptions of the imperial era, examines more recent government initiatives, and analyzes the emergence of the nation-to-nation paradigm given massive support by the Royal Commission on Aboriginal Peoples. We are battered by contending visions, he argues - a revised assimilation policy that finds its support in the Canadian Alliance Party is countered by the nation-to-nation vision, which frames our future as coexisting solitudes. Citizens Plus stakes out a middle ground with its support for constitutional and institutional arrangements which will simultaneously recognize Aboriginal difference and reinforce a solidarity which binds us together in common citizenship. Selected as a BC Book for Everybody
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 077484373X
Category : Law
Languages : en
Pages : 189
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Book Description
Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities. The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Contributors include Andrée Lajoie, Minnawaanagogiizhigook (Dawnis Kennedy), Ghislain Otis, Ted Palys and Wenona Victor, Paulette Regan, and Perry Shawana. Common threads linking the essays include the relationship between Indigenous and Canadian legal orders, the importance of Indigenous legal traditions for Aboriginal communities’ autonomy, and the ways in which these traditions might be recognized and given space in the Canadian legal landscape. In its examination of different aspects of and models for the recognition of Indigenous legal orders, this book addresses important issues relating to legal pluralism. It will be of interest to a wide audience including lawyers and legal academics, teachers, students, policy makers, and members of Aboriginal communities.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 1442629231
Category : History
Languages : en
Pages : 382
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Book Description
John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 9780802085016
Category : Law
Languages : en
Pages : 332
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Book Description
John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.
Author: Joshua Ben David Nichols
Publisher:
ISBN: 9781487502256
Category : Indians of North America
Languages : en
Pages : 0
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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: Richard Albert
Publisher: Cambridge University Press
ISBN: 1108419739
Category : Law
Languages : en
Pages : 483
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Book Description
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
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.
