[PDF] Key Developments In Aboriginal Law 2019 eBook

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
Page : 313 pages
File Size : 47,13 MB
Release : 2019-08-08
Category : History
ISBN : 1108473067

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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Author : Jim Reynolds
Publisher : Purich Books
Page : 296 pages
File Size : 26,65 MB
Release : 2015-05-15
Category : Law
ISBN : 9780774880220

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The Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. This book responds to that call, outlining significant legal developments in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand the relationship between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. He concludes that rather than leaving the judiciary to sort out essentially political issues, politicians need to take responsibility for this crucial aspect of building a just society.

Author : Benjamin J Richardson
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 27,31 MB
Release : 2009-03-18
Category : Law
ISBN : 1509942203

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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 : Nathalie Kermoal
Publisher : Univ. of Manitoba Press
Page : 336 pages
File Size : 49,95 MB
Release : 2021-04-23
Category : Law
ISBN : 088755931X

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In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 40,75 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 : Holly Doel-Mackaway
Publisher : Routledge
Page : 252 pages
File Size : 33,85 MB
Release : 2021-09-28
Category : Law
ISBN : 1351342630

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This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.

Author : P. G. McHugh
Publisher : OUP Oxford
Page : 378 pages
File Size : 44,39 MB
Release : 2011-08-18
Category : Law
ISBN : 0191029777

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Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.