Indigenous Difference And The Constitution Of Canada

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Indigenous Difference And The Constitution Of Canada

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Author : Patrick Macklem
language : en
Publisher: University of Toronto Press
Release Date : 2001-01-01

Indigenous Difference And The Constitution Of Canada written by Patrick Macklem and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Law categories.

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Aboriginal And Treaty Rights In Canada

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Author : Michael Asch
language : en
Publisher: UBC Press
Release Date : 2011-11-01

Aboriginal And Treaty Rights In Canada written by Michael Asch and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with History categories.

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.

Constitutional Crossroads

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Author : Kate Puddister
language : en
Publisher: UBC Press
Release Date : 2022-12-01

Constitutional Crossroads written by Kate Puddister and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-01 with Political Science categories.

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.

Indigenous Rights

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Author : Anthony J. Connolly
language : en
Publisher: Routledge
Release Date : 2017-05-15

Indigenous Rights written by Anthony J. Connolly and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-15 with Law categories.

Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.

Canadian Constitution In Transition

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Author : Richard Albert
language : en
Publisher: University of Toronto Press
Release Date : 2019-01-01

Canadian Constitution In Transition written by Richard Albert and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-01 with Law categories.

The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.

Recovering Canada

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Author : John Borrows
language : en
Publisher: University of Toronto Press
Release Date : 2017-06-22

Recovering Canada written by John Borrows and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-22 with Law categories.

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, 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. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Home And Native Land

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Author : Michael Asch
language : en
Publisher: University of Washington Press
Release Date : 1993

Home And Native Land written by Michael Asch and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Indians of North America categories.

Section 35 of the Constitution Act expressly acknowledges, for thefirst time, that there are "aboriginal people" and"aboriginal rights." What, then, are the implications forCanada of the inclusion of this section in our constitution? Central tothis question is the definition of aboriginal rights and whether theyinclude such "special" political rights asself-determination. Home and Native Land is divided into twomajor sections. The first focuses on definitions and provides adetailed account of the meaning of the phrase "aboriginalrights" as used by the two main actors: the government and theaboriginal peoples. The second is devoted to the question of politicalrights and the means by which this issue can be resolved.

Freedom And Indigenous Constitutionalism

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Author : John Borrows
language : en
Publisher: University of Toronto Press
Release Date : 2016-01-01

Freedom And Indigenous Constitutionalism written by John Borrows and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-01 with History categories.

John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Canada S Indigenous Constitution

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Author : John Borrows
language : en
Publisher: University of Toronto Press
Release Date : 2010-03-06

Canada S Indigenous Constitution written by John Borrows and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-06 with Social Science categories.

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Aboriginal Tenure In The Constitution Of Canada

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Author : James Youngblood Henderson
language : en
Publisher: Scarborough, Ont. : Carswell
Release Date : 2000

Aboriginal Tenure In The Constitution Of Canada written by James Youngblood Henderson and has been published by Scarborough, Ont. : Carswell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Civil rights categories.

This book is a cross-cultural and cross-disciplinary project exploring the meaning of Aboriginal and treaty rights in the constitution of Canada. The book provides an understanding of constitutional order and how it affirms the Aboriginal order. This book includes: parts 1: the common law and land Part 2: treaty reconciliations 3: legal protection of Aboriginal tenure 4: displacing colonial discourse 5: judicial reconciliation of Aboriginal tenure 6: Sui Generis Aboriginal tenure 7: toward reconciliation for the millennium.