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

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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.

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."

Aboriginal Title in British Columbia
Aboriginal Title in British Columbia

Author: Institute for Research on Public Policy

Publisher: IRPP

Published: 1992

Total Pages: 348

ISBN-13: 9780889821156

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This collection of essays covers a significant judgment in the history of British Columbia and land claims and aboriginal rights and title for the Gitksan and Wet'suwet'en Indians.

Aboriginal Peoples and Politics
Aboriginal Peoples and Politics

Author: Paul Tennant

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 323

ISBN-13: 0774843039

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Aboriginal claims remain a controversial but little understood issue in contemporary Canada. British Columbia has been, and remains, the setting for the most intense and persistent demands by Native people, and also for the strongest and most consistent opposition to Native claims by governments and the non-aboriginal public. Land has been the essential question; the Indians have claimed continuing ownership while the province has steadfastly denied the possibility.

Flawed Precedent
Flawed Precedent

Author: Kent McNeil

Publisher: UBC Press

Published: 2019-06-01

Total Pages: 353

ISBN-13: 0774861088

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In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

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.

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.

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.

Aboriginal Peoples and Forest Lands in Canada
Aboriginal Peoples and Forest Lands in Canada

Author: D.B. Tindall

Publisher: UBC Press

Published: 2013-02-11

Total Pages: 365

ISBN-13: 0774823372

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Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. There have been significant gains in the quest for Aboriginal self-determination over the past few decades, including the historic signing of the Nisga’a Treaty in 1998. Aboriginal participation in resource management is on the rise in both British Columbia and other Canadian provinces, with some Aboriginal communities starting their own forestry companies. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginal and non-Aboriginal scholars to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of considering traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and native communities.