Aboriginal and Treaty Rights in Canada
Aboriginal and Treaty Rights in Canada

Author: Michael Asch

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 303

ISBN-13: 0774842334

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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.

Terms of Coexistence
Terms of Coexistence

Author: Sébastien Grammond

Publisher:

Published: 2013-09

Total Pages: 645

ISBN-13: 9780779854103

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"This book contains an in-depth discussion of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982, the provisions of the Indian Act regarding reserves and band councils, recent self-government regimes, the recognition of indigenous legal traditions, division of powers, taxation as well as the application of the child welfare and criminal justice systems. It also covers recent developments, such as the duty to consult and accommodate or the adoption of the United Nations Declaration on the Rights of the Indigenous Peoples."--pub. desc.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach
An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

Author: Robert Mainville

Publisher: Purich Publishing

Published: 2001

Total Pages: 210

ISBN-13:

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Topics covered include aboriginal rights at common law, treaty rights, the fiduciary relationship between aboriginal people and the crown, federal common law and aboriginal and treaty rights, legal principals governing the infringement, a review of compensation in cases of expropriation unrelated to aboriginal and treaty rights, the experience in the United States.

On Being Here to Stay
On Being Here to Stay

Author: Michael Asch

Publisher: University of Toronto Press

Published: 2014-02-24

Total Pages: 230

ISBN-13: 1442669845

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What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

The Quest for Justice
The Quest for Justice

Author: Menno Boldt

Publisher: University of Toronto Press

Published: 1985-01-01

Total Pages: 424

ISBN-13: 9780802065896

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It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.

From Recognition to Reconciliation
From Recognition to Reconciliation

Author: Patrick Macklem

Publisher: University of Toronto Press

Published: 2016-01-01

Total Pages: 535

ISBN-13: 1442628855

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In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

The Right Relationship
The Right Relationship

Author: John Borrows

Publisher: University of Toronto Press

Published: 2017-01-01

Total Pages: 439

ISBN-13: 1442630213

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In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

Essential Readings in Canadian Constitutional Politics
Essential Readings in Canadian Constitutional Politics

Author: Peter H. Russell

Publisher: University of Toronto Press

Published: 2011-01-01

Total Pages: 529

ISBN-13: 1442603682

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Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.

Indigenous Difference and the Constitution of Canada
Indigenous Difference and the Constitution of Canada

Author: Patrick Macklem

Publisher: University of Toronto Press

Published: 2001-01-01

Total Pages: 348

ISBN-13: 9780802080493

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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.