Overview of Aboriginal and Treaty Rights and Compensation for Their Breach, Robert Mainville
Автор: Jim Reynolds Название: Breach of Duty: Fiduciary Obligations and Aboriginal Peoples ISBN: 1895830257 ISBN-13(EAN): 9781895830255 Издательство: Wiley EDC Рейтинг: Цена: 37750.00 T Наличие на складе: Нет в наличии. Описание: In the 1950s, Indian Affairs concealed the lease terms of more than one-third of the Musqueam’s reserve land to the Shaughnessy Heights Golf Club in Vancouver, BC. Justice for the Musqueam was finally achieved in 1984 with the release of Guerin v. the Queen, where the Supreme Court of Canada confirmed that Canada has a duty to act in the best interests of Aboriginal peoples. This book tells the story of the government's breach of that duty, the impact of the Court's decision on the development of Aboriginal law and the law of fiduciary obligations. Discussion of recent decisions in Haida and Taku River, and a comparison to laws in the United States, Australia, and New Zealand is also included.
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.
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.
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: Attwood, Bain Название: The Struggle for Aboriginal Rights ISBN: 0367719908 ISBN-13(EAN): 9780367719906 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Нет в наличии.
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: Terry Fenge, Jim Aldridge Название: Keeping Promises: The Royal Proclamation of 1763, Aboriginal Rights, and Treaties in Canada ISBN: 0773545867 ISBN-13(EAN): 9780773545861 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 96140.00 T Наличие на складе: Невозможна поставка. Описание: In 1763 King George III of Great Britain, victorious in the Seven Years War with France, issued a proclamation to organize the governance of territory newly acquired by the Crown in North America and the Caribbean. The proclamation reserved land west of the Appalachian Mountains for Indians, and required the Crown to purchase Indian land through treaties, negotiated without coercion and in public, before issuing rights to newcomers to use and settle on the land. Marking its 250th anniversary Keeping Promises shows how central the application of the Proclamation is to the many treaties that followed it and the settlement and development of Canada. Promises have been made to Aboriginal peoples in historic treaties from the late eighteenth to the early twentieth centuries in Ontario, the Prairies, and the Mackenzie Valley, and in modern treaties from the 1970s onward, primarily in the North. In this collection, essays by historians, lawyers, treaty negotiators, and Aboriginal leaders explore how and how well these treaties are executed. Addresses by the governor general of Canada and the federal minister of Aboriginal Affairs and Northern Development are also included. In 2003 Aboriginal leaders formed the Land Claims Agreements Coalition to make sure that treaties – building blocks of Canada – are fully implemented. Unique in breadth and scope, Keeping Promises is a testament to the research, advocacy, solidarity, and accomplishments of this coalition and those holding the Crown to its commitments.
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.
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.
Автор: McHugh P G Название: Aboriginal Title ISBN: 0199699410 ISBN-13(EAN): 9780199699414 Издательство: Oxford Academ Рейтинг: Цена: 150480.00 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.
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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