On 28 February 2006, the Six Nations of the Grand River blocked workers from entering a half-built housing development in southern Ontario. They renamed the land Kanonhstaton, “the protected place.” The protest drew national and international attention to the issue of Aboriginal land rights and sparked a series of ongoing events known as the “Caledonia Crisis.”
Laura DeVries’ powerful account of the dispute links the actions of police, governmental officials, and locals to entrenched non-Aboriginal discourses about law, landscape, and identity. It encourages non-Aboriginal Canadians to reconsider their assumptions – to view “facts” such as the rule of law as culturally specific notions that prevent truly equitable dialogue. DeVries not only reveals the conflicting visions of justice held by various parties to the dispute, she also seeks out possible solutions in alternative conceptualizations of sovereignty over land and law embedded in the Constitution.
Автор: McHugh P G Название: Aboriginal Title ISBN: 0199699410 ISBN-13(EAN): 9780199699414 Издательство: Oxford Academ Рейтинг: Цена: 110880.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late-twentieth century. This book, by a key author in this field, sets out the beginnings, judicial acceptance, and influence of this doctrine across national jurisdictions and in international law.
Автор: James Reynolds Название: From Wardship to Rights: The Guerin Case and Aboriginal Law ISBN: 0774864575 ISBN-13(EAN): 9780774864572 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 30050.00 T Наличие на складе: Нет в наличии. Описание:
This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen.
In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society.
The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.
Автор: James Reynolds Название: From Wardship to Rights: The Guerin Case and Aboriginal Law ISBN: 0774864567 ISBN-13(EAN): 9780774864565 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 69390.00 T Наличие на складе: Нет в наличии. Описание:
This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen.
In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society.
The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.
Автор: Inala Cooper Название: Marrul: Aboriginal Identity & the Fight for Rights ISBN: 1922633240 ISBN-13(EAN): 9781922633248 Издательство: Gazelle Book Services Рейтинг: Цена: 20010.00 T Наличие на складе: Поставка под заказ. Описание: What does reconciliation and truth-telling look like, and how do we as a nation find justice for Indigenous people? In this deeply personal work, Inala Cooper shares stories of her family to show the impact of colonisation on the lives of Aboriginal people from the 1940s to now. She reveals the struggles faced by her Elders and contrasts them with the freedoms she comes across as an Aboriginal woman today. Speaking only from lived experience, Inala examines racism, privilege, and how deeply personal is ones identity. Her stories illustrate the complexities of identifying as Aboriginal and the importance of community in an increasingly individualist world. Exploring the impacts of major events throughout her life, Inala reflects on how human rights are breached and defended. She examines reconciliation and the need to share wealth and power, and the importance of truth-telling and justice. In finding her place as an advocate and activist for social justice, Inala is supported by her family, her ancestors, community and the academy. It is these supports that help her challenge racist and outdated notions of what it means to be Indigenous, sovereign and self-determined, and to uphold the principles of justice. The thought-provoking stories in this book surface more questions than the necessary answers. But Inala brings us to her home as she weaves together her stories, the country shes connected to, and the elements that shape her path--none so prevalent as Marrul: the changing wind.
Автор: Foley, Gary Название: The Aboriginal Tent Embassy ISBN: 041553870X ISBN-13(EAN): 9780415538701 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Robert Mainville Название: Overview of Aboriginal and Treaty Rights and Compensation for Their Breach ISBN: 1895830176 ISBN-13(EAN): 9781895830170 Издательство: Wiley EDC Рейтинг: Цена: 24010.00 T Наличие на складе: Поставка под заказ. Описание: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. Mainville argues that while Canadian law can provide guidelines for compensation, expropriation law is inadequate to address the issue fully, and instead provides clear and practical principles for compensation.
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.”
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.”
Автор: University of Toronto Press Название: We Are Here to Stay ISBN: 1442610026 ISBN-13(EAN): 9781442610026 Издательство: Wiley Рейтинг: Цена: 36590.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.
In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality – that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people.
In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality – that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and interests defined by non-Aboriginal people.
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