Native Liberty Crown Sovereignty
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Native Liberty Crown Sovereignty
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Author : Bruce Clark
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1990-10-01
Native Liberty Crown Sovereignty written by Bruce Clark and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-10-01 with Law categories.
The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
Native Liberty Crown Sovereignty
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Author : Bruce A. Clark
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1990
Native Liberty Crown Sovereignty written by Bruce A. Clark and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with History categories.
Thirteen essays explore some 500 years of literacy campaigns in vastly different societies: Reformation Germany, early modern Sweden and Scotland, 19th century US, 19th-20th century Russia and the Soviet Union, pre-revolutionary and revolutionary China, and a variety of Third World countries. The 1763 Royal Proclamation forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark, a lawyer specializing in aboriginal rights, contends that this Proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives. He also explores the difficulties of aboriginal self-government in the constitution and offers some advice to government and aboriginal negotiators. Annotation copyrighted by Book News, Inc., Portland, OR
Justice In Paradise
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Author : Bruce Clark
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1999-10-19
Justice In Paradise written by Bruce Clark and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-19 with Law categories.
A jurisprudential adventure story, Justice in Paradise recounts how a commitment to Native rights and an extraordinary passion for the rule of law have determined the course of Clark's life. From a childhood in an Indian residential school, to the defense of aboriginal rights before the World Court, to being disbarred, Bruce Clark's struggle has led him to a fight against the justice system itself. Justice in Paradise explains the legal and philosophical position behind Clark's opposition to the Indian rights industry. He argues that the North American legal system causes the genocide of those indigenous peoples who embrace traditional religion and identity and accuses those who administer it with chicanery and abandoning the rule of law. Smeared in the media for his beliefs and attacked from the bench - he has been called "a disgrace to the bar" by the Chief Justice of Canada's Supreme Court - his book Native Liberty, Crown Sovereignty has been hailed as "the most important and meticulous recent study of native rights in common law" (Canadian Journal of Political Science). Clark turned his back on a comfortable lawyer's life to defend the rule of law and Native rights. He moved with his family to Indian reservations and then to squats while he argued his case before the World Court in Europe. Now, no longer able to practice law, he has been adopted by the Mohicans and together they are fighting for Liberty Island and the Hudson River drainage basin. In his extraordinary memoir, Justice in Paradise, Bruce Clark - hero to some, extremist to others - details the battles of a renegade's life.
Ongoing Genocide Caused By Judicial Suppression Of The Existing Aboriginal Rights
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Author : Bruce Clark
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-08-24
Ongoing Genocide Caused By Judicial Suppression Of The Existing Aboriginal Rights written by Bruce Clark and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-24 with categories.
Jurisprudentially, there are two values that compete for paramountcy in judicial decision-making: to serve truth or, alternatively, fairness. In the aboriginal context, the Canadian judges seem to be trying to be fair to the vast majority of people and the building of their nation, at the expense of the constitutional truth. This is apparent when you consider the Supreme Court of Canada's interpretation of section 35(1) of the Constitution Act, 1982 in the leading 2014 case, Tsilhqot'in. Section 35(1) says: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." The Court interpreted section 35(1) to mean the judges have to balance the national interest against the aboriginal interest. In the result, the judges overrode the "existing" aboriginal rights that section 35(1) expressly and explicitly placed beyond the reach of the courts to repeal. Yet section 35(1) says nothing about such a judicial discretion to repeal the saved "existing" aboriginal rights. The judges simply invented, out of thin air, a power of repeal of those aboriginal rights constitutionally placed beyond the jurisdiction of judicial repeal. That is the struggle behind the struggle. The structural integrity of the rule of law and the status of the constitutional democracy have been destroyed by the tension between the law as it is written, and the new "law" as the judges recently invent it. That is what this book is about. That is the seemingly unsolvable problem: how to rescue the truth from feelings of fairness. The solution to that problem is independent and impartial adjudication, which is missing from native and newcomer litigation. It must be brought into existence lest bias rule instead of the law. Sergeant Dennis Ryan of the Royal Canadian Mounted Police representing the Gustafsen Lake Crisis Management Team in September 1995 stated: "Kill this Clark, smear the prick and everyone with him." Why? "The very foundations that Canadian society is built upon are threatened here," is the answer he gave in an interview. The history of those "very foundations," and the true nature of what "is threatened here," is the subject of Ongoing Genocide. Clark was described by one of his clients, the Secwepemc traditionalist elder Wolverine, as "the most dangerous lawyer in Canada." This opinion was shared by the RCMP, the provincial and federal governments, the bench, bar and Chief Justice of Canada and even the National Chief of the Assembly of First Nations. The ten essays in Ongoing Genocide caused by Judicial Suppression of the "Existing" Aboriginal Rights deal with aspects of the "genocide"-within the meaning of section 2(b) of the United Nations' genocide convention-of Indigenous peoples in Canada. That section indicts the imposition of "serious bodily or mental harm" against groups, such as that evidenced by the high rates of suicides of Indians in reaction to the courts' injustices, committed for political reasons contrary to the rule of law. The appendix-entitled "Judicial Culpability for War and Genocide in the Age of American Empire"-deals with the failure of the North American Judiciary to enforce the constitutional provisions prohibiting international war except in self defense to an attack. The lessons learned and practiced on the Natives of North America are exported to the global village, a surrogate Indian country, and the judges do nothing to prevent this pursuant to the rule of law, which it is their constitutional duty to uphold. The cause of the genocidal suppression of existing constitutional law is the criminal politicization of the judiciary. Pointing this out to the courts led to the conviction of the author for criminal contempt of court and disbarment for "conduct unbecoming" a barrister and solicitor. Since then the judicial ignoring of existing constitutional law, for political reasons, has become further entrenched.
Contemporary Native American Political Issues
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Author : Troy Johnson
language : en
Publisher: Rowman Altamira
Release Date : 2000-01-01
Contemporary Native American Political Issues written by Troy Johnson and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Social Science categories.
How does one make a clear distinction between issues such as tribal sovereignty, indigenous rights, and law and justice? How do these topics differ, and can they be separated from, issues such as identity, health, and environment? The answer, of course, lies in the interconnectedness of all aspects of Native American life, culture, religion, and politics. This format encourages the consideration of Native politics both in terms of unifying themes and contexts and with regard to local situations, needs, and struggles.
Backcountry Crucibles
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Author : Jean R. Soderlund
language : en
Publisher: Associated University Presse
Release Date : 2008
Backcountry Crucibles written by Jean R. Soderlund and has been published by Associated University Presse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
American historians have emphasized major cities as cultural and economic centers. This volume explores the vitality of cultural, economic, and political life beyond those cities. The Lehigh Valley is a place where integral events occurred, but is also an example of regional growth outside large cities. Its unique location, close enough to New York and Philadelphia to market grain, iron, coal, and steel, yet distant enough to develop its own cultural life, offers a regional model persisting for more than two centuries heretofore unexplored in American historical scholarship. This persistence of cultural and economic patterns, including the capacity to change, makes Lehigh Valley history particularly intriguing.
Treaty Talks In British Columbia
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Author : Christopher McKee
language : en
Publisher: UBC Press
Release Date : 2000
Treaty Talks In British Columbia written by Christopher McKee and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Updating to include events since 1995, McKee traces the origins and developments of treaty negotiations between the provincial government and native peoples, taking up such concerns as the role of natives in natural resource development, compensation for lands and resources lost to industry, and urban development. The British Columbia Treaty Commission funded both editions. Canadian card order number: C00- 910947-1. Distributed in the US by Raincoast Books. c. Book News Inc.
Treaty Talks In British Columbia Third Edition
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Author : Christopher McKee
language : en
Publisher: UBC Press
Release Date : 2013-01-01
Treaty Talks In British Columbia Third Edition written by Christopher McKee and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Political Science categories.
This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with Peter Colenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Succinct and informative, this book brings clarity to a complex and often contentious issue.
Struggle For The Land
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Author : Ward Churchill
language : en
Publisher: City Lights Books
Release Date : 2002-09
Struggle For The Land written by Ward Churchill and has been published by City Lights Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09 with History categories.
Landmark work illustrates the history of North American indigenous resistance and the struggle for land rights.
Aboriginal Law Fourth Edition
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Author : Thomas Isaac
language : en
Publisher: UBC Press
Release Date : 2012-08-15
Aboriginal Law Fourth Edition written by Thomas Isaac and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-15 with Law categories.
Thomas Isaac looks at the broad picture of trends that are developing in the law and the background, highlighting aspects of Canadian law that impact Aboriginal peoples and their relationship with the wider Canadian society. While covering issues such as Aboriginal and treaty rights, constitutional issues, land claims, self-government, provincial and federal roles, the rights of the Métis, and the Indian Act, this book pays particular attention to the Crown’s duty to consult. The Supreme Court of Canada has clearly stated that achieving reconciliation between Aboriginal interests with the needs of Canadian society as a whole lies primarily with governments, which Isaac outlines.