[PDF] Aboriginal Law eBook

Author : Thomas Isaac
Publisher : Saskatoon : Purich Pub.
Page : 559 pages
File Size : 31,68 MB
Release : 2004-01-01
Category : Law
ISBN : 9781895830231

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This edition contains more extensive commentary than earlier editions, and highlights the most important aspects of Canadian law affecting Aboriginal peoples. The author provides detailed information on and analysis of current law, referring to relevant court decisions, statutes, and land claims agreements, many of which are excerpted. All major Supreme Court of Canada decisions on Aboriginal rights in the last four decades are referred to and most are excerpted. The detailed index makes this book easy to use. This book is written and designed for use by anyone interested in Aboriginal legal issues. While national in scope, this book also canvasses the claims of First Nations peoples in BC, the unique situation of Maritime First Nations, land claim agreements in northern Canada, and the special place of the numbered treaties covering the Prairie provinces. Thomas Isaac is a nationally recognized authority in the area of Aboriginal law and the author of many books and articles, including two earlier editions of Aboriginal Law and Aboriginal and Treaty Rights in the Maritimes: The Marshall Decision and Beyond. He practices law with McCarthy Tetrault LLP in Vancouver.

Author : Irene Watson
Publisher : Routledge
Page : 204 pages
File Size : 20,17 MB
Release : 2014-10-17
Category : History
ISBN : 1317938372

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This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 42,37 MB
Release : 2019-05-06
Category : Law
ISBN : 148753115X

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Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Author : Nicole Watson
Publisher : Springer Nature
Page : 108 pages
File Size : 16,41 MB
Release : 2021-12-10
Category : Social Science
ISBN : 3030873277

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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 19,15 MB
Release : 2008
Category : Law
ISBN : 0774855770

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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 : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 36,69 MB
Release : 2014-08-27
Category : Law
ISBN : 1317697537

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This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.