The 2010 Annotated Indian Act and Aboriginal Constitutional Provisions PDF Download

Author: Canada
Publisher:
ISBN: 9780779820375
Category : Constitutional law
Languages : en
Pages : 996

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Author: Benjamin J Richardson
Publisher: Bloomsbury Publishing
ISBN: 1509942203
Category : Law
Languages : en
Pages : 448

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Book Description
Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Author: Vanessa Tünsmeyer
Publisher: Springer Nature
ISBN: 3030890473
Category : Law
Languages : en
Pages : 527

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Book Description
This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Author: Judith F. Sayers
Publisher:
ISBN: 9780662311409
Category : Law
Languages : en
Pages : 180

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Book Description
The first paper in this compilation is a review of the literature on First Nations women and self-government. It covers the following subject areas: traditional roles of First Nations women, the impact of colonization on those women, male leadership, contemporary First Nations women & sexual equality, and contemporary First Nations women & self-government. It also provides some legislative options, draft policies, recommendations, and general discussion of good governance from a First Nations women's perspective. The second paper addresses two questions: can & should the Indian Act be amended to provide for more equitable governing powers between First Nations women & men, and if amendments are desired, how can new regulations & policy improve the political participation of First Nations women. The questions are approached by investigating the responses of Lake Babine First Nation women to such questions and comparing this information with published analyses of women and First Nations governance. The final paper examines the history & rationale for the section 67 exemption of Indian Act matters from the Canadian Human Rights Act in the context of First Nations women's equality interests in governance. It reviews barriers to full realization of First Nations women's equality rights, particularly issues relating to Indian status & the band membership entitlement system, and decision-making by Indian Act band councils that reflects the arbitrary legal distinctions made in the Act.

Author: Christopher Adams
Publisher: University of Alberta
ISBN: 0888646402
Category : History
Languages : en
Pages : 561

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Book Description
Twelve essays look at Canadian Métis today in terms of history, identity, law, and politics.

Author: John Borrows
Publisher: University of Toronto Press
ISBN: 9780802085016
Category : Law
Languages : en
Pages : 332

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Book Description
John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

Author: Russell F. Taylor
Publisher: University of Alberta
ISBN: 0888646992
Category : Medical
Languages : en
Pages : 92

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Book Description
These twelve essays constitute a groundbreaking volume of new work prepared by leading scholars in the fields of history, anthropology, constitutional law, political science, and sociology, who identify the many facets of what it means to be Métis in Canada today. After the Powley decision in 2003, Métis people were no longer conceptually limited to the historical boundaries of the fur trade in Canada. Key ideas explored in this collection include identity, rights, and issues of governance, politics, and economics. The book will be of great interest to scholars in political science and native studies, the legal community, public administrators, government policy advisors, and people seeking to better understand the Métis past and present. Contributors: Christopher Adams, Gloria Jane Bell, Glen Campbell, Gregg Dahl, Janique Dubois, Tom Flanagan, Liam J. Haggarty, Laura-Lee Kearns, Darren O'Toole, Jeremy Patzer, Ian Peach, Siomonn P. Pulla, Kelly L. Saunders.

Author: Jamie Benidickson
Publisher: Kluwer Law International B.V.
ISBN: 9403518952
Category : Law
Languages : en
Pages : 234

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Canada. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Canada. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 0774855770
Category : Law
Languages : en
Pages : 189

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Book Description
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Author: Lee Godden
Publisher: Routledge
ISBN: 1136946020
Category : Architecture
Languages : en
Pages : 417

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Book Description
A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.