Mi'kmaq Treaties on Trial

Mi'kmaq Treaties on Trial

Author: William Wicken

Publisher: University of Toronto Press

Published: 2002-01-01

Total Pages: 324

ISBN-13: 9780802076656

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Intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present.


Power without Law

Power without Law

Author: Alex M. Cameron

Publisher: McGill-Queen's Press - MQUP

Published: 2009-10-01

Total Pages: 294

ISBN-13: 0773581189

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The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.


Homelands and Empires

Homelands and Empires

Author: Jeffers Lennox

Publisher: University of Toronto Press

Published: 2017-01-01

Total Pages: 349

ISBN-13: 1442614056

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In this deeply researched and engagingly argued work, Jeffers Lennox reconfigures our general understanding of how Indigenous peoples, imperial forces, and settlers competed for space in northeastern North America before the British conquest in 1763.


Solemn Words and Foundational Documents

Solemn Words and Foundational Documents

Author: Jean-Pierre Morin

Publisher: University of Toronto Press

Published: 2018-11-23

Total Pages: 281

ISBN-13: 148759447X

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In Solemn Words and Foundational Documents, Jean-Pierre Morin unpacks the complicated history of Indigenous treaties in Canada. By including the full text of eight significant treaties from across the country—each accompanied by a cast of characters, related sources, discussion questions, and an essay by the author—he teaches readers how to analyze and understand treaties as living documents. The book begins by examining treaties concluded during the height of colonial competition, when France and Britain each sought to solidify their alliances with Indigenous peoples. It then goes on to tell the stories of treaty negotiations from across the country: the miscommunication of ideas and words from Crown representatives to treaty text; the varying ranges of rights and promises; treaty negotiations for which we have a rich oral history but limited written records; multiple phases of post-Confederation treaty-making; and the unique case of competing treaties with radically different interpretations.


Law, Debt, and Merchant Power

Law, Debt, and Merchant Power

Author: James Muir

Publisher: University of Toronto Press

Published: 2016-10-27

Total Pages: 302

ISBN-13: 1487512317

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In the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir’s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends.


Muiwlanej kikamaqki "Honouring Our Ancestors"

Muiwlanej kikamaqki

Author: Janet E. Chute

Publisher: University of Toronto Press

Published: 2023-11-01

Total Pages: 1324

ISBN-13: 1487546149

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Drawing upon oral and documentary evidence, this volume explores the lives of noteworthy Mi’kmaw individuals whose thoughts, actions, and aspirations impacted the history of the Northeast but whose activities were too often relegated to the shadows of history. The book highlights Mi’kmaw leaders who played major roles in guiding the history of the region between 1680 and 1980. It sheds light on their community and emigration policies, organizational and negotiating skills, diplomatic endeavours, and stewardship of land and resources. Contributors to the volume range from seasoned scholars with years of research in the field to Mi’kmaw students whose interest in their history will prove inspirational. Offering important new insights, the book re-centres Indigenous nationhood to alter the way we understand the field itself. The book also provides a lengthy index so that information may be retrieved and used in future research. Muiwlanej kikamaqki – Honouring Our Ancestors will engage the interest of Indigenous and non-Indigenous readers alike, engender pride in Mi’kmaw leadership legacies, and encourage Mi’kmaw youth and others to probe more deeply into the history of the Northeast.


No need of a chief for this band

No need of a chief for this band

Author: Martha Elizabeth Walls

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 217

ISBN-13: 0774817917

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In 1899 the Canadian government passed legislation to replace the community appointment of Mi'kmaw leaders and Mi'kmaw political practices with the triennial system, a Euro-Canadian system of democratic band council elections. Officials in Ottawa assumed the federally mandated and supervised system would redefine Mi'kmaw politics. They were wrong. Many Mi'kmaw communities rejected or amended the legislation, while others accepted it only sporadically to meet specific community needs and goals. Compelling and timely, this book supports Aboriginal claims to self-governance and complicates understandings of state power by showing that the Mi'kmaw, rather than succumbing to imposed political models, retained political practices that distinguished them from their Euro-Canadian neighbours.


Almost Home

Almost Home

Author: Ruma Chopra

Publisher: Yale University Press

Published: 2018-05-22

Total Pages: 324

ISBN-13: 0300235224

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The unique story of a small community of escaped slaves who revolted against the British government yet still managed to maneuver and survive against all odds After being exiled from their native Jamaica in 1795, the Trelawney Town Maroons endured in Nova Scotia and then in Sierra Leone. In this gripping narrative, Ruma Chopra demonstrates how the unlikely survival of this community of escaped slaves reveals the contradictions of slavery and the complexities of the British antislavery era. While some Europeans sought to enlist the Maroons’ help in securing the institution of slavery and others viewed them as junior partners in the global fight to abolish it, the Maroons deftly negotiated their position to avoid subjugation and take advantage of their limited opportunities. Drawing on a vast array of primary source material, Chopra traces their journey and eventual transformation into refugees, empire builders—and sometimes even slave catchers and slave owners. Chopra’s compelling tale, encompassing three distinct regions of the British Atlantic, will be read by scholars across a range of fields.


Archive Stories

Archive Stories

Author: Antoinette Burton

Publisher: Duke University Press

Published: 2006-01-25

Total Pages: 409

ISBN-13: 0822387042

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Despite the importance of archives to the profession of history, there is very little written about actual encounters with them—about the effect that the researcher’s race, gender, or class may have on her experience within them or about the impact that archival surveillance, architecture, or bureaucracy might have on the histories that are ultimately written. This provocative collection initiates a vital conversation about how archives around the world are constructed, policed, manipulated, and experienced. It challenges the claims to objectivity associated with the traditional archive by telling stories that illuminate its power to shape the narratives that are “found” there. Archive Stories brings together ethnographies of the archival world, most of which are written by historians. Some contributors recount their own experiences. One offers a moving reflection on how the relative wealth and prestige of Western researchers can gain them entry to collections such as Uzbekistan’s newly formed Central State Archive, which severely limits the access of Uzbek researchers. Others explore the genealogies of specific archives, from one of the most influential archival institutions in the modern West, the Archives nationales in Paris, to the significant archives of the Bakunin family in Russia, which were saved largely through the efforts of one family member. Still others explore the impact of current events on the analysis of particular archives. A contributor tells of researching the 1976 Soweto riots in the politically charged atmosphere of the early 1990s, just as apartheid in South Africa was coming to an end. A number of the essays question what counts as an archive—and what counts as history—as they consider oral histories, cyberspace, fiction, and plans for streets and buildings that were never built, for histories that never materialized. Contributors. Tony Ballantyne, Marilyn Booth, Antoinette Burton, Ann Curthoys, Peter Fritzsche, Durba Ghosh, Laura Mayhall, Jennifer S. Milligan, Kathryn J. Oberdeck, Adele Perry, Helena Pohlandt-McCormick, John Randolph, Craig Robertson, Horacio N. Roque Ramírez, Jeff Sahadeo, Reneé Sentilles