Beyond the Nass Valley
Beyond the Nass Valley

Author: Owen Lippert

Publisher: The Fraser Institute

Published: 2000

Total Pages: 16

ISBN-13: 0889752060

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On December 11th 1997, then Chief Justice Antonio Lamer of the Supreme Court of Canada radically rewrote how the law requires the resolution of Aboriginal land claims. His decision in the long-running case, Delgamuukw vs. British Columbia, expanded the substance of Aboriginal title and created new ways to determine its presence, including oral testimony. Though the case originated in British Columbia, it has the potential to influence all regions of Canada. In July 1998 and April 1999, the Fraser Institute held conferences to explore the national implications of the decisions. Thirty top law professors, economists, and researchers contributed papers now brought together in this volume, bringing together the Native and non-Native perspectives on the topic.

Beyond Rights
Beyond Rights

Author: Carole Blackburn

Publisher: UBC Press

Published: 2021-12-15

Total Pages: 202

ISBN-13: 0774866489

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In 2000, the Nisg̱a’a treaty marked the culmination of over one hundred years of Nisg̱a’a people protesting, petitioning, litigating, and negotiating for recognition of their rights. Beyond Rights explores this ground-breaking achievement and its impact. The Nisg̱a’a were trailblazers in gaining Supreme Court recognition of unextinguished Aboriginal title, and the treaty marked a turning point in the relationship between First Nations and provincial and federal governments. Using this treaty as a pivotal case study, Carole Blackburn analyzes treaty making as a way to address historical injustice and to achieve contemporary legal recognition, and explores the possibilities for a distinct Indigenous citizenship in a settler state.

Treaty No. 9
Treaty No. 9

Author: John S. Long

Publisher: McGill-Queen's Press - MQUP

Published: 2010-11-19

Total Pages: 622

ISBN-13: 0773581359

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For more than a century, the vast lands of Northern Ontario have been shared among the governments of Canada, Ontario, and the First Nations who signed Treaty No. 9 in 1905. For just as long, details about the signing of the constitutionally recognized agreement have been known only through the accounts of two of the commissioners appointed by the Government of Canada. Treaty No. 9 provides a truer perspective on the treaty by adding the neglected account of a third commissioner and tracing the treaty's origins, negotiation, explanation, interpretation, signing, implementation, and recent commemoration.

Inconstant Companions
Inconstant Companions

Author: Ronald J. Mason

Publisher: University of Alabama Press

Published: 2006-11-12

Total Pages: 311

ISBN-13: 0817315330

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Beyond the Indian Act
Beyond the Indian Act

Author: Tom Flanagan

Publisher: McGill-Queen's Press - MQUP

Published: 2010

Total Pages: 241

ISBN-13: 0773581839

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Answers the question: Should Canada's First Nations have full ownership of reservation lands?

Politics and the Past
Politics and the Past

Author: John Torpey

Publisher: Rowman & Littlefield Publishers

Published: 2004-09-01

Total Pages: 327

ISBN-13: 0585455066

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Politics and the Past offers an original, multidisciplinary exploration of the growing public controversy over reparations for historical injustices. Demonstrating that 'reparations politics' has become one of the most important features of international politics in recent years, the authors analyze why this is the case and show that reparations politics can be expected to be a major aspect of international affairs in coming years. In addition to broad theoretical and philosophical reflection, the book includes discussions of the politics of reparations in specific countries and regions, including the United States, France, Latin America, Japan, Canada, and Rwanda. The volume presents a nuanced, historically grounded, and critical perspective on the many campaigns for reparations currently afoot in a variety of contexts around the world. All readers working or teaching in the fields of transitional justice, the politics of memory, and social movements will find this book a rich and provocative contribution to this complex debate.

Canada's Indigenous Constitution
Canada's Indigenous Constitution

Author: John Borrows

Publisher: University of Toronto Press

Published: 2010-03-06

Total Pages: 441

ISBN-13: 1442698527

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Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Making Native Space
Making Native Space

Author: Cole Harris

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 466

ISBN-13: 077484213X

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This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.

Let Right Be Done
Let Right Be Done

Author: Hamar Foster

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 353

ISBN-13: 0774840110

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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."

A Simple Nullity?
A Simple Nullity?

Author: David V. Williams

Publisher: Auckland University Press

Published: 2013-11-01

Total Pages: 427

ISBN-13: 1775580083

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When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this &“simple nullity&” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.