Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 280

ISBN-13: 0774859296

DOWNLOAD EBOOK

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.


Planning for Coexistence?

Planning for Coexistence?

Author: Libby Porter

Publisher: Routledge

Published: 2016-06-10

Total Pages: 232

ISBN-13: 1317080173

DOWNLOAD EBOOK

Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.


Truth and Reconciliation Commission of Canada

Truth and Reconciliation Commission of Canada

Author: Truth and Reconciliation Commission of Canada

Publisher:

Published: 2012

Total Pages: 30

ISBN-13: 9781100199948

DOWNLOAD EBOOK

This interim report covers the activities of the Truth and Reconciliation Commission of Canada since the appointment of the current three Commissioners on July 1, 2009. The report summarizes: the activities of the Commissioners, the messages presented to the Commission at hearings and National Events, the activities of the Commission with relation to its mandate, the Commission's interim findings, the Commission's recommendations.


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

DOWNLOAD EBOOK

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


Realizing the UN Declaration on the Rights of Indigenous Peoples

Realizing the UN Declaration on the Rights of Indigenous Peoples

Author: Jackie Hartley

Publisher: UBC Press

Published: 2010-05-01

Total Pages: 290

ISBN-13: 1895830567

DOWNLOAD EBOOK

Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.


The Colonial Present

The Colonial Present

Author: Kerry Coast

Publisher: Clarity Press

Published: 2013

Total Pages: 0

ISBN-13: 9780986036224

DOWNLOAD EBOOK

No treaties were made with indigenous nations residing in those territories where now there is a Canadian province called British Columbia. Instead a breathtaking policy of criminalization, assimilation and extinguishment of sovereignty and land rights has been carried out against them. Present day governments continue this approach, now 150 years old, in processes which have recently been re-named and cosmetically improved but remain unconstitutional and are prohibited by the 1948 Genocide Convention. Why do the people of BC seek the dissolution of some thirty distinct indigenous nations? Why do they cry, "One law for all Canadians," in answer to indigenous efforts to exercise their right of self-determination? BC's economy relies on resource extraction from lands and waters that have never been ceded, sold or surrendered to them by their indigenous owners. WhatÆs more: recognition of this fact has given rise to what is called "the uncertainty principle" currently impeding foreign investment, as judicious investors fear doing business with governments and others whose claims to ownership may be proved illegitimate. The indigenous nations have suffered excruciating losses. The ongoing colonization of British Columbia relies on the settler population's indifference to the indigenous peoples' plights and rights. The Colonial Present documents how the interests of resource industries have dominated accounts of indigenous peoples throughout the mainstream media, the academic presses and the courts. This has substantially corrupted and impoverished the non-native understanding of indigenous peoples on whose homelands they live and work, and to which they seem to feel entitled. This book is an exploration of how such a stunning string of events has happened, and British Columbians' continuing attempts to rationalize them. Book jacket.


Braiding Legal Orders

Braiding Legal Orders

Author: John Borrows

Publisher: McGill-Queen's Press - MQUP

Published: 2023-08-01

Total Pages: 256

ISBN-13: 1928096832

DOWNLOAD EBOOK

Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives. Two significant statements by the current Liberal government - the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau - have endorsed UNDRIP and committed Canada to implementing it as “a way forward” on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political, and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.


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

DOWNLOAD EBOOK

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.


Recognition and Implementation of Indigenous Rights Framework

Recognition and Implementation of Indigenous Rights Framework

Author:

Publisher:

Published: 2018

Total Pages: 19

ISBN-13: 9780660250557

DOWNLOAD EBOOK

'The Government of Canada is committed to renewing the relationship with First Nations, Inuit and Métis peoples based on the recognition of rights, respect, cooperation and partnership. To live up to this commitment, the Government of Canada is undertaking major reforms to its laws and policies to ensure the constitutional commitments made to Indigenous peoples are respected. The recognition and implementation of Indigenous rights is central to Canada's relationship with First Nations, Inuit and Métis peoples and to advance the vital work of reconciliation. As part of the ongoing journey of reconciliation, the Government of Canada has launched a national engagement to help develop a Recognition and Implementation of Indigenous Rights Framework'--Purpose, p. 3.