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Author: Robert Mainville Publisher: UBC Press ISBN: 1895830532 Category : Law Languages : en Pages : 187
Book Description
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Author: Robert Mainville Publisher: UBC Press ISBN: 1895830532 Category : Law Languages : en Pages : 187
Book Description
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Author: Robert Mainville Publisher: Purich Publishing ISBN: Category : History Languages : en Pages : 210
Book Description
Topics covered include aboriginal rights at common law, treaty rights, the fiduciary relationship between aboriginal people and the crown, federal common law and aboriginal and treaty rights, legal principals governing the infringement, a review of compensation in cases of expropriation unrelated to aboriginal and treaty rights, the experience in the United States.
Author: Robert Mainville Publisher: Purich Publishing ISBN: 9781895830446 Category : Law Languages : en Pages : 192
Book Description
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Author: Jean-Pierre Morin Publisher: University of Toronto Press ISBN: 1487594453 Category : History Languages : en Pages : 281
Book Description
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.
Author: Donald L. Fixico Publisher: Bloomsbury Publishing USA ISBN: Category : History Languages : en Pages : 441
Book Description
This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887.
Author: Donald L. Fixico Publisher: Bloomsbury Publishing USA ISBN: 1576078817 Category : Social Science Languages : en Pages : 1318
Book Description
This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.
Author: Hamar Foster Publisher: UBC Press ISBN: 0774840110 Category : Law Languages : en Pages : 353
Book Description
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."
Author: Genevieve Fuji Johnson Publisher: University of Toronto Press ISBN: 144269078X Category : Social Science Languages : en Pages : 272
Book Description
This multidisciplinary volume brings together scholars and activists to examine expressions of racism in contemporary policy areas, including education, labour, immigration, media, and urban planning. While anti-racist struggles during the twentieth century were largely pitched against overt forms of racism (e.g., pogroms, genocide, segregation, apartheid, and 'ethnic cleansing'), it has become increasingly apparent that there are other, less visible, forms of racism. These subtler incarnations are of special interest to the contributors. The intent of Race, Racialization, and Antiracism in Canada and Beyond is to probe systemic forms of racism, as well as to suggest strategies for addressing them. The collection is organized by themes pertinent to political and social expressions of racism in Canada and the wider world, such as the state and its mediation of race, education and the perpetuation of racist marginalization, and the role of the media. The contributors argue that, in order to effectively combat racism, various methodological approaches are required, approaches that are reflective of the diversity of the world we seek to understand.
Author: Stephen Allen Publisher: Bloomsbury Publishing ISBN: 1509928650 Category : Law Languages : en Pages : 571
Book Description
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
Author: Robert Mainville
Author: Robert Mainville
Author: Robert Mainville
Author: Robert Mainville
Author: Jean-Pierre Morin
Author: Donald L. Fixico![Treaties with American Indians [3 volumes] PDF](https://books.google.com/books/content/images/frontcover/YxjOEAAAQBAJ?fife=w80-h100)
Author: Donald L. Fixico
Author: Kent Roach
Author: Hamar Foster
Author: Genevieve Fuji Johnson
Author: Stephen Allen