Aboriginal Peoples and Government Responsibility PDF Download

Author: David Hawkes
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773582363
Category : Social Science
Languages : en
Pages : 368

View

Book Description
An examination of federal and provincial government responsibilities with respect to native peoples, these essays deal with the most appalling "political football" in Canadian politics. Specially commissioned experts in the field write on topics such as fiscal, legal and constitutional issues, and examine the circumstances of specific native groups in Canada.

Author: United Nations Department of Economic and Social Affairs
Publisher: United Nations
ISBN: 9210548434
Category : Political Science
Languages : en
Pages : 250

View

Book Description
While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Author: David Craig Hawkes
Publisher: McGill-Queen's Press - MQUP
ISBN: 0886290902
Category : Constitutional law
Languages : en
Pages : 369

View

Book Description
A series of articles commissioned for a conference on aboriginal peoples and federal/provincial responsibility in Canada held in Ottawa in 1988. Covers topics of government jurisdiction versus responsibility; aboriginal self-government, programs and services for aboriginal peoples. Includes maps and references.

Author: Amanda M. Klasing
Publisher:
ISBN: 9781623133634
Category : Drinking water
Languages : en
Pages : 90

View

Book Description
"The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.

Author: Amanda Cats-Baril
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN: 9176713245
Category : Law
Languages : en
Pages : 228

View

Book Description
The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

Author: William Nikolakis
Publisher: University of Arizona Press
ISBN: 0816540543
Category : Social Science
Languages : en
Pages : 353

View

Book Description
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.

Author: Jim Reynolds
Publisher: Purich Books
ISBN: 0774880236
Category : Law
Languages : en
Pages : 296

View

Book Description
The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Author: Yale Deron Belanger
Publisher: Purich Publishing
ISBN:
Category : History
Languages : en
Pages : 468

View

Book Description
"Building on the success of the first two editions, this volume briefly recaps the historical development and public acceptance of the concept of Aboriginal self-government, then proceeds to examine its theoretical underpinnings, the state of Aboriginal self-government in Canada today, and the many practical issues surrounding implementation. Topics addressed include: justice innovations, initiatives in health and education to grant greater Aboriginal control, financing and intergovernmental relations, Aboriginal-municipal government relations, developing effective Aboriginal leadership, Métis self government aspirations, the intersection of women's rights and self-government, and international perspectives. Various self-government arrangements already in existence are examined including the establishment of Nunavut, the James Bay Agreement, Treaty Land Entitlement settlements, the Alberta Métis settlements, and many other land claims settlements that have granted Aboriginal communities greater control over their affairs."--Pub. website.

Author: Truth and Reconciliation Commission of Canada
Publisher:
ISBN: 9781100199948
Category : Indians of North America
Languages : en
Pages : 30

View

Book Description
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.

Author: Dwight G. Newman
Publisher: UBC Press
ISBN: 1895830494
Category : Law
Languages : en
Pages : 128

View

Book Description
"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. Canada's Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a "good" consultation; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.